Validity of lease deed.
ramesh vyas
(Querist) 12 January 2013
This query is : Resolved
sir,at first iwish u all a happy and prosperous new year and post my query. My friends father executed a registered lease deed in favour of corporate firm for 10 years from 08-06-2009 to 07-06-2019.His father died in december2012. Is the lease deed executed by his father binding on him after his fathers demise or can he terminate the lease deed and file for eviction orelse he can file a case for self occupation as he has no business any where else, or he has to wait for the lease period to expire and then proceed agaist the tenant. kindly advice.
ajay sethi
(Expert) 12 January 2013
on detah of father get property transferred first in name of legal heirs . it is necessary to go through thet terms of lease deed as to termination .
generally clause in agreement that after 3 months notice either party can terminate lease . compmnay must have spent substantial sum of money on renovation of leased premises . talk to them before issue of termination notice . better arrive at amicable settlement rather than wasting time and money in courts
Raj Kumar Makkad
(Expert) 12 January 2013
Generally the recital of such deeds do contain that the deed shall also bind the legal heirs of the parties to the lease agreement so if there is such recital in the deed then you shall have to wait till the expiry of the lease otherwise your friend has full opportunity to avail such opportunity.
Your friend can make other grounds if are present in deed to get the vacation of the shop.
ramesh vyas
(Querist) 14 January 2013
thank u ajay sir and raj kumar sir.
ajay sethi
(Expert) 14 January 2013
thanks for your appreciation
