property on lease
Boscy Parekh
(Querist) 08 January 2014
This query is : Resolved
One person have got a commercial property on lease from a trust. After the death of lessee, what about the property rights? Whether they will be transferred to his legal heirs or the original lessor ie. The trust.
Dr J C Vashista
(Expert) 09 January 2014
The lessor is owner of the property under lease which may be transferred in the name of legal representatives.
malipeddi jaggarao
(Expert) 09 January 2014
That depends upon the terms of Lease agreement.
BAALASUBRAMANNYAMM
(Expert) 09 January 2014
If the Lessor agrees to continue the agreement with the legal heirs of the deceased Lessee, they should have to enter into a separate Lease Deed or in case if the Lessor/Owner not interested to continue, the Lessor/Owner will take possession of the vacant premises. Any how it is depending upon the terms of Lease Agreement.
Boscy Parekh
(Querist) 09 January 2014
What if nothing specified in the lease agreement about it?
Advocate Bhartesh goyal
(Expert) 09 January 2014
Legal heirs can retain the possession of leased property in situation when they have been doing the business in questioned property with their father.
Boscy Parekh
(Querist) 09 January 2014
The legal heir is daughter and her and her husband's name are added in the partnership deed of the business..
Devajyoti Barman
(Expert) 09 January 2014
Lease is very much inheritable.
During the subsistence of lease, inheritance can not be restricted by any contract.
So in other words during the duration of lease, the legal heirs of lessee become the new lessee by operation of law.
Boscy Parekh
(Querist) 09 January 2014
Even though if nothing is mentioned about the inheritance in the lease? It means if the lessor dies, the property will automatically be of the legal heirs?
Advocate. Arunagiri
(Expert) 09 January 2014
The legal heirs are having the rights over the rented property, even if it is not mentioned in the agreement.
Boscy Parekh
(Querist) 09 January 2014
Could you please provide me with any provision or clause, circular in the act in the matter? It would be gr8 if u could...
Boscy Parekh
(Querist) 09 January 2014
Could you please provide me with any provision or clause, circular in the act in the matter? It would be gr8 if u could...
Dr J C Vashista
(Expert) 10 January 2014
Please engage a local lawyer for providing provisions of law and/or to explain clause of lease deed or agreeement
T. Kalaiselvan, Advocate 
(Expert) 12 January 2014
Dr. Vashista's suggestion to the repeated queries on the subject is fitting. I agree that the legal representatives in and continuing the business in which the deceased was a partner, have tenancy rights after the death of the lessee.
