Who are legal heirs of landlord
ask son to give in writing as to name of legal heirs of landlord
if landlord is survived by his wife and son issue cheque in favour of son subject to noc from the wife of deceased landlord
Succession to my landlord
Good evening, We had taken a property on rent 6 years ago. The lease term was 30 years and we registered the lease by paying appropriate stamp duty. We spent a bomb in modifying the place and have been in possession since . Now, the Landlord, who was an aged person has expired. During the signing of lease, we had taken the signature of his son as a consenting witness. Now the son is asking me to pay rent to him. What documents should i take from him before paying him rent. How do i safeguard my position so that I may not get stuck in his family internal problems.
Asked 3 years ago in Property Law
Religion: Hindu
22 Answers
If there are other legal heirs apart from consenting son, they may create problem for you. Presuming that there is only the consenting son, obtain a affidavit from declaring that he is only son and entitled to receive rent and there are not other legal heirs. That will suffice your legal requirement.
Dear Sir/Ma'am,
1. on the demise of the landlord, if his wife is alive, get a NOC which states you shall pay the rent to his son.
2. ask him to obtain letters of administration from the court
3. you may have to get a fresh copy of the agreement. Get the same vetted by a lawyer and decide on if there is a need to enter into a new agreement.
Thank you
- For further assistance, you can book a consultation with me.
1. Ask the owner's son to provide death certificate of his father and a copy of the certified Genealogical or Family Tree.
2. In case, apart from this deceased owner's son, there are other legal heirs to succeed to the estate of the deceased owner, then obtain NOC from each legal heir. However if the deceased owner had executed a legally valid WILL in favour of the owner's son, with whom you are dealing now, then there will be no need to obtain NOC from others.
3. Also, let the son execute an Affidavit stating that he is the authorised person to collect the rent and except him no other person is entitled to collect the rent.
Hello,
- You need to ascertain that he is authorized to receive rent that was being paid to the deceased father.
- If the property is self acquired and if the man died without a Will, there could be other claimants. Therefore let him show you either a Power of Attorney or and NOC affidavit from all other heirs.
- Of course, he is an heir and has the right to receive rent. However, to ensure that you keep clear of controversies and disputes definitely seek at least an NOC affidavit.
Ask him for a succession certificate and an affidavit stating that there is no ongoing dispute on this property and he will honour the terms of the lease.
1. Rent has to be paid to son as he is a Class 1 heir.
2. Any id proof of son wherein the name of your deceased landlord appears as his father will suffice
- All legal heirs have right over property until it is given to son by WILL.
- Ask son for copy of succession/legal heir certificate. Till they get it, you can give rent on NoC.
1. Collect legal heir certificate of his deceased father from him.
2. If there are multiple nos. of legal heirs, collect no objection from other legal heirs of the said property in the form of an affidavit affirming that they have no objection if the fees for the lease id paid to the said son of the deceased lessor.
The son after providing the list of legal heirs and a GPA deed signed jointly by all other legal heirs in his favor or an authorisation letter, signed by all other legal heirs of the deceased landlord duly notarised, authorising him to collect the rent on behalf of all the legal heirs, you can pay the monthly rental amount to him.
If he fails to produce the same you may approach a rent controller court and file a permission petition seeking court permission to deposit the monthly rental amount as court deposit so that they can decide about the collection of rent and apply for retrieval of rental deposit from court as per procedures of law.
Make sure that you do not get into trouble by handing over the rental amount to the son of the deceased landlord without observing the above legal issues.
- As per law, after the death of landlord , his legal heirs i.e. his wife and children are entitled for rent of the tenanted premises.
- Hence, without the consent of all the legal , you should not pay the rent , otherwise others can create dispute .
- You should ask him for a authority letter to receive the rent from you , and in the absence of that you can stop to pay the same.
- Further , for your safety , you can send a notice to the legal heirs for issuing the same.
You can pay the same to him through cheque payment with noc of other heirs. Or you can pay it to in percentage to every legal heirs. It depends who is the legal heir you can keep the amount outsanding
plz ask him to produce a letter of administration from the High Court
Dear Sir,
You have to take legal heir certificate from him and fresh registered lease deed from him all other legal heirs of the the deceased.
So I shall ask for the following:- 1.certified Genealogical or Family Tree. 2. IS there any WILL. 3. execute an NOC Affidavit stating that he is the authorised person to collect the rent and except him no other person is entitled to collect the rent with consenting witness from all legal heirs. 4. Aadhaar cards of all legal heirs. 5. succession certificate / Legal Heir certificate 6. Fresh registered lease. Further questions:- 1. My landlord' son has a surviving sister and mother. He also has one daughter and his sister has 2 daughters. Kindly, let me know if we must collect their signatures also. What must be done if they are minors. 2. I have registered the lease for 30 years, if i re-register the lease in my landlord's son's name, will my stamp duty ( which is already paid) be adjusted to the payable stampduty? 3. Any other thing to be wary of?
Asked 3 years ago
1. The consent or NOC or a gPA deed by the legal heirs authorizing one of the legal heirs to collect the rental amount would be sufficient, the minors are not legal heirs in this situation.
2. The existing registered lease deed need not be cancelled, the same is legally valid and valid upto to the original date of expiration.
Therefore there is no need or necessary for a fresh lease deed, the legal heirs cannot deny the existing leas e deed for any reason.,
The tenancy rights are fully protected by the existing lease deed.
You need signature of mother , son ,daughter
2) consent of their children is not required
3) stamp duty has to be paid in case lease deed is executed by son in your favour
Dear Sir/Ma'am,
1. you will have to collect the signatures of the landlord's son, mother, and daughter. you will not require the signatures of the son's and daughter's children as they are not legal heirs.
2. only if you are going to register a fresh lease deed executed by the landlord's son in your favour, you will have to pay the stamp duty.
Thank you
- For further assistance, you can book a consultation with me.
- You have to collect NOC signature from Sister and Mother.
Minors have no role.
- If you open your agreement then it mentions lessor and its all legal heirs.
So your lease agreement is valid for remaining 24 years.
You need not cancel it and make new agreement with son.
You have to pay stamp duty again in case you make new agreement with son.
- The only problem you can face after 24 years is for your security deposit.
So for that purpose if you want to execute new agreement with son then you have to ensure Son have exclusive rights to execute agreement.
Yeah the surviving mother and siblings too have a share and they should be made a party to the new lease as the old lease has expired with the death of the owner of the property. That would be adjusted.
- Signatures of son, sister and mother needed only , and if you will re-register the lease then stamp duty required to pay
- However, as you have already registered the lease for 30 years , then after his death re-register is mandatorily not required ,
- You can ask for authority letter from them to collect the rent .
1. The case is for payment of rent only. So, you can collect legal heirs certificate from his son and take 'No-Objection Certificate' from all other legal heirs affirming that they have no objection in paying the rent to the son of your late Land Lord.
2. You can not register the re-register the lease deed with the son only since he is not the sole title holder of the shop.
3. If you register the lease deed afresh, then you shall have to pay all the fees afresh.
All of the documents you mentioned are not to be asked. Just a simple ID proof wherein the name of his father appears shall suffice.