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Thirumalai Gautam   25 August 2020

Rent transfer to spouse after husband death

My Father passed away recently. He had a Building with a Contract for 10 years. We are two brothers and 2 sisters. I was taking care of my Father for past 20 years. And the building that is giving Rent belongs to me as per my Father Will statement. Now the Building is asking for an NOC from my Elder brother for an NOC . I have other Dispute with my brother where he is not signing for the Building.

How can I proceed to get the Rent to my Mother for her surveillance without my Brother's dependency


 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     25 August 2020

If your father owned the property in his sole name and did not leave a will, his heirs at law inherit. These are his closest family members. Each state has a statute setting out the order in which relatives inherit, with spouse and children usually first on the list, often followed by the parents and/or siblings. Unlike co-ownership, however, this inheritance doesn't happen automatically.

 If your father owned the property with a surviving spouse, or if he co-owned with another joint tenant, the property may pass automatically to that person when he dies. Once that person shows  proof of her ownership, tenants can pay the rent to her.

Hemant Agarwal ( Mumbai : 9820174108)     25 August 2020

1. FIRSTLY operationalise Father's WILL and have the property transferred /mutated in your name, in the Revenue /Municipal records. For this there is no requirement of any NOC or whatever of any other legal heirs, UNLESS other legal heirs challenge Father's WILL on various grounds.

2. Once Property is transferred in your name (by virtue of the WILL), you will be legally entitled to recover /receive the relevant Rent from Tenants etc.... without any legal reference to other legal heirs.

Keep Smiling .... Hemant Agarwal

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     25 August 2020

Whether the WILL is Registered.

If it is  a Registered WILL you can get the property mutated to your name  by providing a certified copy of the will with the Death certificate.

You can avail all the benefits arising out of that property by showing the certified copy of the will.

If it is an unregistered will complications may arise.

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