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Venkat   26 November 2024

Renting apartment owned by deceased father

Hello,

 My father expired last year and has an apartment in his name. I am trying to get it transferred to my name (lone successor) and wondering if I am allowed to start a new lease agreement with a prospective tenant before the apartment is transferred to my name.

 

Thanks

Venkat



Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     26 November 2024

All the legal heirs of your father have equal rights over the property along with you.  Hence all the legal heirs can decide and after transferring the name to one of the legal heirs then only can give it to rent.

T. Kalaiselvan, Advocate (Advocate)     26 November 2024

It is not advisable to let out the property belonging to your deceased father on lease or rent before getting the property transferred to your name, it will not be legally maintainable in case of any litigation.

Venkat   27 November 2024

Many thanks for the advise to both the experts.

-Venkat

Dr. J C Vashista (Advocate )     28 November 2024

There is no legal impediment in becoming landlord of the property left behind by your father / owner. You can /should rent out the property even when it is not transferred in your name, if you are satisfied with credentials of prospective tenant.

Landlord and Titleholder can / may be different persons.

Venkat   28 November 2024

Thanks, but conflicting advises by experts so I'm no wiser now..I am losing 35k per month rent till I get it transferred to my name. :-(

T. Kalaiselvan, Advocate (Advocate)     29 November 2024

You shoukld use your prudence instead of agitating over the legal issue in this regard, you are worried about the instant loss instead of foreseing the future legal consequences. 


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