Landlord instructed tenant to give rent in the name of his son who is not the owner of the property
Nairita Datta Chowdhury
(Querist) 23 April 2013
This query is : Resolved
A landlord instructed his tenant in written to give the rent in the name of his son instead of the father/landlord's name. but the owner of the property is the father/landlord not the son.
"Is it possible to take rent by the son in his own name who is not the owner of the property"
"can only by a written instruction father/landlord instruct the tenant to give rent in his son's name who is not the property owner"
"Is power of attorney should be executed by the father/landlord in favour of his son to take rent"
kindly give me answers in respect of these questions and any more information will increase my knowledge in respect of this matter. it is urgent.
Thank you...
Raj Kumar Makkad
(Expert) 23 April 2013
Has any Rent agreement been executed between you and the owner of the property?
The party to the agreement (land owner in your case) can definitely authorise his son to accept the rent on his behalf and being tenant you can also be instructed to deposit the rent to him in writing as has been done so there is no illegality. Otherwise also, landowner and landlord are two different and distinct terms.
Nairita Datta Chowdhury
(Querist) 24 April 2013
Thank you Mr. Makkad, but can the son collect the rent in his own account without any undertaking to deposit the same in the account of the landlord mentioned in the agreement?
Raj Kumar Makkad
(Expert) 24 April 2013
Yes. You should not bother where does he deposit the amount collected from you the authority of the landlord. You are required to obtain only the receipt of the rent.
Dr J C Vashista
(Expert) 24 April 2013
Yes, the landlord can authorise any one.
malipeddi jaggarao
(Expert) 25 April 2013
But the author has not replied to the query raised by expert Mr.Raj kumar makkad who sought whether you have executed rental agreement. If you have not executed the rental agreement, you can follow the oral instructions of the landlord and hand-over the rent as per his instructions. If there is written agrement, the owner has authorise a person to collect and give valid receipt. If this is done, there no more precautionary measures required on the part of tenant.
ajay sethi
(Expert) 25 April 2013
if you have received written instructions from landlord to pay rent to son then you can do so .
