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kunal sood (ITA)     29 October 2014

Renting commercial property

Hi All,


I have a query regarding our commerical property, which my family is planning to lease out. I would really appreciate a quick response/guidance regarding the same.

We have a commerical property in delhi (NDMC area), registered in the name of my Lt. father, who passed away recently.

My mother, brother and myself are the legal heirs. We have filed application for substitution of the commercial property to our Mother. My brother and myself have given NOCs for the same. The application was filed a week back, and it could take anywhere from 2 months to 4 months (or may be more) for the process to complete.

Meanwhile, we have received an offer for putting our shop on rent. The offering party is in an urgent need, and wants the contract of lease (registered) to be signed immediately. We are also not so strong financially, and are looking forward to this deal.

My query is:

1. Whether my mother can sign the lease agreement/contract without causing any legal risk/concern, since the subtitution process has not completed yet.

2. What clause needs to be included in the contract (exact language) to make sure the contract wont be challenged in the future by the other party, when its time to vacate the property.

I would be highly grateful if a prompt response could be provided, as this matter holds a very significant value to our family.


Thanking You,

Yours Sincerely

Kunal Sood

 



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     02 November 2014

Until the records are not transferred officially on your mother's name, she cannot be held as the only legal  owner of the property to be leased out on rental, if it is contested, it will be held illegal and invalid.  However, you may delay the registration of the lease agreement until you get the records properly transferred on her name and you can allow the tenant to occupy the premise as on the current date while assuring him to hold the agreement registered on a future date with a retrospective effect to the tenancy agreement.  This assurance will be based on the record that you have moved the concerned revenue authorities for getting the records transferred on your mother's name.


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