Query on landlord
shaila yewale
(Querist) 13 February 2024
This query is : Resolved
If landlord dies and she does not have any heirs. However landlord kept tenant without agreement. In her death certificate, landlord added her brother's name as nominee for flat. Now what can be done to transfer the rent and create agreement.
T. Kalaiselvan, Advocate
(Expert) 14 February 2024
The property can be transferred to the nominee's name first, after that the nominee shall distribute the property to the legal heirs.
For now the nominee can continue to take care of the property on behalf of the legal heirs, collect the rental amount and deposit them in a separate account in order to hand it over to the legal heirs subsequently.
kavksatyanarayana
(Expert) 14 February 2024
As per Section 29 of the Hindu Succession Act, 1956, if an intestate has left no heir qualified to succeed to his or her property by the provisions of this Act, such property shall devolve on the Government; and the Government shall take the property subject to all the obligations and liabilities to which an heir would have been subject.
T. Kalaiselvan, Advocate
(Expert) 15 February 2024
As the nominee cannot claim right or title to the property to which he or she has been nominated, the nominee can receive the proeprty and hand it over to anyone establishing themselves as the legal heir to succeed to the states of the deceased.
T. Kalaiselvan, Advocate
(Expert) 18 February 2024
The nominee cannot claim rights in the property based on his nomination until and unless he is one of the legal heirs. Therefore the nominee can receive the property and distribute it to the legal heirs as a trustee.
