Dear Client,
In the Present Scenario, your father had a plot since 1 year, and he has passed away. The plot was in his name and had been given to rent for a person from 2011, and the outside shop was given on rent to another person for a low rent, as your father knew him for past 30 years. Presently, you are in a dilemma as to whether you must vacate them or write a rent agreement. However, the property is in your father’s name, and hence you wish to enquire as to how to make a rent agreement, and what are the steps involved in the same. Furthermore, you have also asked that, if an authorization is required, how would the same work, as two out of 4 daughters live outside India. Herein, firstly, since you father has passed away, it is significant that you obtain a legal heir certificate, that certifies who may handle property matters, after your father. Secondly, it is also essential that the revenue records are transferred either in your mother’s name or in any of your father’s legal heirs’ name, under the Land Revenue Act. With respect to drafting of the Rent Agreement, generally, your mother and siblings must sign the document, however, in the absence of your siblings, a Power of Attorney may be executed authorizing your mother or any of your siblings to sign the agreement on their behalf. Such an agreement may clearly state the notice period and the termination clause applicable.
Hope you find this answer beneficial for resolving the dispute.