Landlady died without a legal heir
Devendra B
(Querist) 03 May 2017
This query is : Resolved
Hi,
My family has been living in our current house for more than 40 years.
The land belongs to our landlady but the house was built and maintained by us.
My grandfather was a the original rentee and he passed away 35 years ago.
Post his death, our landlady passed away as well and since then her sister's son has been collecting rent and issuing receipts for the same in my grandmother and mother's name (2 rooms).
However, we recently learnt that the property is still registered to the landlady and her sister's son does not have any documents proving that he is the legal heir. Nor has he paid any property tax for years now.
On confronting him, he said that he had a POA in his name given by the landlady. He now wants to give our neighbours the POA and move out of this. Our neighbours and we already have a case pending in the court since they (neighbours) are trying to forcefully take possession of the attic of our side of the house which has been in our possession for the past 30 years.
My question here is, is he legally allowed to take rent from us when the property does not belong to him?
Also, can he transfer ownership of the land to our neighbours? Doesn't the POA gets nullified with death of the person giving the POA?
Should we approach the rent controller and deposit the rent with the court?
Guest
(Expert) 03 May 2017
See sister son may be considered her legal heir , So statement that landlady died without legal heir may not be correct.
I doubt there may be other legal heir too on property , and proper analysis of family tree of land lady is required to be made and also checked legally where each person is located may be some one has more right or whole right as compared to sister son which may be puzzle and their family knows and you don't know
You can approach rent contorller and deposit rent but still I feel with local advocate and little investigation try to get hold personal details of that land lady. Many time some relative are close but they don't meet due to personal differences and in succession property may go to that person etc.
Guest
(Expert) 03 May 2017
Reason I could make out this imaginary situation is that why land lady sister son is not doing his entry on land records etc. There may be some private reason
Devendra B
(Querist) 03 May 2017
Thank you for your advice.
I feel something is fishy here because he was collecting rent until nobody questioned him.
Now that we did, he is trying to shake his hands off by trying to appoint our neighbors as POA.
Is it legal for him to do so? He is still not the landlord as per government records so that how can he appoint someone else as a landlord?
Our neighbors are not on good terms with us and I'm pretty sure they will use this situation to simply harass us.
Guest
(Expert) 03 May 2017
Certainly the taxes of the concerned Property is to be paid and the notices would have been received by you being residing there.Even the Electricity connection is in whose name.Basing on all that if you are sure the Land Owner is not there/or no more Consult a Local Good Advocate and start remitting the rent in the Court .Once you start remitting the rent in the Court if any harassment by any one you could refer it to police.If you receive any notice for taxes remit it even if it is in the landlady's name so that your hold would be Strong.
Kumar Doab
(Expert) 03 May 2017
The legal heirs/successors of the lady shall be as per personnel law that applies to her e.g; Hindu Succession Laws.
and Source of property.
Kumar Doab
(Expert) 03 May 2017
If her sister's son claims that he has been collecting monies from you by some power vested in him by some POA then he should show/share it with you.
Kumar Doab
(Expert) 03 May 2017
If he has any valid document of power to sell/dispose the property he can.
Devendra B
(Querist) 03 May 2017
@N.J.S. Rajkumar: Thank you for your inputs. The electricity bill is in my mothers name (This is a pagadi based property). Also, we have never received any notice from the local municipal office for tax payment. We came to know about tax default when we inquired with the ward office.
@Kumar Doab: Even if he has a POA, shouldn't it get nullified after death of the person who gave the POA to him?
As far as I've been told, a power of attorney gets revoked on death of the donor.
Kumar Doab
(Expert) 03 May 2017
Generically speaking:yes.
However since you have been asked to pay on the basis of a document termed as; POA as per your post, you must have asked to show/share it.
Had you it with you, you would have known what exactly it is?
Or does any document exist!
Kumar Doab
(Expert) 03 May 2017
Do you have acknowledgments/receipts of amounts paid by you!
Kumar Doab
(Expert) 03 May 2017
Thanks for agreeing Mr.Rajendra K Goyal
Devendra B
(Querist) 03 May 2017
Yes, we have all the rent receipts'. However, we never asked him to show the POA document until now.
Even now, he is hesitant to show us any document.
How should I proceed now?
Guest
(Expert) 04 May 2017
POA of an deceased would be legally invalid.Let them come with Legal Heir Proofs and Court declaration as them as Owners.Till then remit the rent in Courts.Consult A Local Good Advocate.
Kumar Doab
(Expert) 04 May 2017
“Yes, we have all the rent receipts'. However, we never asked him to show the POA document until now.Even now; he is hesitant to show us any document.”
It is your deficiency or your own choice.
You could have asked not just to show but to show and share.
Kumar Doab
(Expert) 04 May 2017
It shall be appropriate to consult local counsel of unshakable repute and integrity, specializing in such/civil matters and well versed with local rules/laws.
Your counsel can render considered opinion and cover all loopholes (if any) and defend your long term interest.
If you have already consulted/engaged but are not satisfied due to any reason, prefer second opinion from a senior local counsel, specializing in such/revenue/civil matters.
Devendra B
(Querist) 04 May 2017
Thank you all for your inputs.
I will be getting the POA document sometime today or tomorrow.
I will circle back with any queries once I have hold of the document.
Kishor Mehta
(Expert) 04 May 2017
Sir,
The POA becomes invalid on the demise of the person having granted it.
If you are in Maharashtra, in case of an immovable property, the person claiming ownership on the death of a person has to obtain a Letter of Administration from the High Court to establish his authority to deal with the property.
In your instance the person who claims ownership appears to have no legal right to deal with the property, collect the rent or grant any POA whatsoever.
Good Luck,
Kishor Mehta
Devendra B
(Querist) 04 May 2017
So I received the document which he claims makes him the heir of the property.
It is a letter on a plain paper which says the following.
"This is to inform all concerned that I have appointed Mr. X residing at XXX as the co-trustee of the Public Trust : Name of the Trust registered under the Public Trusts Act on 11-4-1953, certificate of registration no. xxxx"
Now we don't even know what is this trust and if the land we occupy belongs to this trust.
Does this piece of paper give him any rights?
Also, now that we have confronted him, he says that he wont appoint anyone else as the trustee and also says that you we can pay him the rent if we want or let it go.
Kishor Mehta
(Expert) 04 May 2017
Sir,
It will be in the best of your interests to consult an advocate immediately.
Good Luck,
Kishor Mehta
Kumar Doab
(Expert) 04 May 2017
Take a copy of said statement on plain paper.
ASAP consult local counsel of unshakable repute and integrity, specializing in such/civil matters and well versed with local rules/laws.
Get into the habit of obtaining the docs and consulting a very able counsel than acting on your own.
The said rent receipts are issued by this individual or by trust.
Devendra B
(Querist) 04 May 2017
Thank you, Kishor Mehta and Kumar Doab.
I will consult a lawyer soon.
The rent receipts are issues by the individual.
krishna mohan
(Expert) 05 May 2017
Well advised by Mr.Mehta and Mr. Doab. Quickly consult legal expert of reputed and specialized in proper matters to guide you rightly and protect your interest with the documents in your possession.
Kumar Doab
(Expert) 05 May 2017
Mr. Madhu, Mr. Kishore Mehta,Mr. M.V.Gupta,Mr. Hemant Agharwal are from your location.
If you wish you can approach them and get benefited from their expertise.
Kumar Doab
(Expert) 05 May 2017
Thanks for agreeing Mr. krishna mohan.
Devendra B
(Querist) 05 May 2017
Thank you, Mr. Kumar Doab.
I'll reach out to one of them.
