• Rental agreement - father passed away

Hi 

My father has a plot and its been one yr he passed away.. its in his name and has been given to rent for one person from 2011 and on the outside shop the other person has been given for low amount rent as my dad knows him from past 30 yrs. v r in dilemma whether to vacate them or write a rent agreement . But as the property is in my father’s name .. how to make a rent agreement? What are the steps need to be followed?
If v want to give authorization to my mother n daughters need to sign den 2 out of 4 daughters live outside india. 
What and how should v make rent agreement
Asked 22 hours ago in Property Law
Religion: Muslim

3 answers received in 30 minutes.

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9 Answers

Firstly, you apply for transfer of property of all legal heirs name in the SRO. The applicant should be your mother and add all legal heirs name in that application.

 

Once all legal heirs name are registered on property card than make POA on your or your mother's name from both or all sister that you or your mother can rent a property.

 

Than Later on you can prepare the rent agreement of the property.

 

Now you decide that you want to apply the Muslim Personal Law or the Indian Succession Act ? Both has different benefits in it towards all legal heirs in the property.

Ganesh Kadam
Advocate, Pune
12979 Answers
261 Consultations

First get mutation of property done in name of legal heirs 

 

2) enclose father death certificate,latest receipt of payment of property taxes ,affidavit in support 

 

3) then enter into fresh rental agreement 

Ajay Sethi
Advocate, Mumbai
96599 Answers
7784 Consultations

1. It's up to the decision of mother and her children as to whether the tenants are to be vacated or a fresh rental agreement with them is to be executed.

2.  If the decision is taken by mother and children not to vacate the existing tenants, then a fresh rental agreement has to be executed for a period of eleven months initially with the tenants..

3.  If all the children ( in the instant case four daughters) want to give authorisation to their mother for signing the rental agreement with the tenants, it can be done by the daughters executing a registered POA in favour of their mother..  Since two daughters live outside India, they can execute a POA in favour of their mother and send it to India. Subsequent to this, the mother can sign the rental agreement on behalf of everyone.

Shashidhar S. Sastry
Advocate, Bangalore
5347 Answers
329 Consultations

- As per law, after demise of your father intestate, his said properties would be devolved upon all his legal heirs as per Muslim Law. 

- Further , under Muslim Law, out of 100% share, share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughter, and where the daughters share will be half of the son. 

- Further, all the legal heirs can execute a POA in the name of one for entering into an agreement. 

- Hence, you should apply for mutation in the name of legal heirs , and further enter into a fresh lease /rent agreement with the tenant. 

Mohammed Shahzad
Advocate, Delhi
14335 Answers
219 Consultations

The property that was on your deceased father's name shall automatically devolve on all his class I legal heirs upon his intestate death.

The entitlement of each individual share in the property will be as per Muslim personal law 

If all the legal heirs would like to authorize your mother to take care of rental agreement and receiving the rental income on behalf of all of yo then yo all may execute a power of attorney deed in your mother's favor authorizing her to enter into the rental agreement on behalf of everyone 

The sisters living at abroad can execute a power of attorney deed from their country of residence duly notarized by a notary public of that country. 

Your mother can issue a legal notice to the tenants asking them to either enter into a fresh rental agreement or to vacate the premises 

T Kalaiselvan
Advocate, Vellore
86800 Answers
2322 Consultations

Daughters can give POA to mother executed and attested abroad. 

Yogendra Singh Rajawat
Advocate, Jaipur
22969 Answers
31 Consultations

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.

Anik Miu
Advocate, Bangalore
10045 Answers
119 Consultations

1. You shall have to mutate the property in your name/s substituting the am f your father, since deceased.

 

2. Then all the legal heirs should execute a POA in favour of your mother to enter in to any agreement with the tenants.

 

3. The overseas legal heirs can execute the POA in favour of your mother by getting the same vetted by the appropriate officer of the Indian Consulate.

Krishna Kishore Ganguly
Advocate, Kolkata
27375 Answers
726 Consultations

it is better that to avoid oral rental agreement and i advise you to execute and rental agreement.

If the property is in your father name and after he demised the property will be devolved upon his legal heirs equally according to hindu succession act.

it is not necessary for all the legal heirs to sign in rental agreement(un-registered). The person who is responsible and able to defend, protect the rights and able to attend court if in case of necessary, he or she can execute rental agreement with other legal heirs consent. if more information needed kindly contact . have a good day

Shiva Bharathy
Advocate, Chennai
88 Answers
1 Consultation

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