Rent agreement
Goapl Garg
(Querist) 11 September 2014
This query is : Resolved
I am negotiating for a residential flat on rent on monthly tenancy basis.The flat in question is a flat made out of two flats, both owned and registered in the names of two female members of the family, one being mother and other being daughter-in-law.However both females have made separate registered gift deed in favour of one male member of the family, who happened to be son and husband of these ladies.Unfortunately the son has expired in sudden accident without any will or so.. and now both the females desire to let out the same flat to me . The terms are settled.My question is that:
who is the owner of this flat now?
can these two females give this flat on rent?
if so then who will issue me the rent receipt, i.e. who shall be bonafide-legal landlord.
If these females can let out the flat then in whose name they would issue me rent recept as owner of the flat.
I am to get re-imbursement of the rent from my office and the rent agreement and rent recepit should be perfect in order.
please guide....
regards
Dr J C Vashista
(Expert) 12 September 2014
The information is contradictory, imaginary and vague.
Mother and daughter-in law relation do not exist in Indian society.
Once they have gifted the property to son/husband, what is left over, i.e., the title has already passed to the son/husband. In this scenario, what is further question of asking "who is the owner of this flat now?"
Consult local lawyer.
Goapl Garg
(Querist) 12 September 2014
Dr.J C Vashista
Thanks sir for your reply.I may not have been able to put forward the query in correct format but this is not imaginary.
I redefine:
The Landlord family consists of:
Mother(Krishna Devi)
Son(Ramesh Kumar)
Daughter in law.(Asha, the Wife of Ramesh Kumar)
The flat is jointly owned by Mother plus Daughter in law.The flat is gifted to Ramesh Kumar By Krishna Devi and Asha by registered gift deed., but unfortunatelyRamesh died in an accident. Now the Mother in law and Daugther in law, the duo desire to rent out the flat.,
question:
who shall be landlord/landlady while issuing Rent Receipt and executing Rent Agreement?
I think I am clear now,.please share your view sir,
P. Venu
(Expert) 12 September 2014
The flat is jointly vested in the legal heirs on the death of the owner.
The factum of gift has no relevance in the context as narrated.
ajay sethi
(Expert) 12 September 2014
on son death flat would devolve on his legal heirs ie mother and deceased owner wife . flat has to be transferred in name of said legal heirs by society . only then can they give flat on rent . prior permission of society is necessary
Rajendra K Goyal
(Expert) 12 September 2014
flat would be owned by the legal heirs of the decease. well advise by the expert ajay sethi
Raj Kumar Makkad
(Expert) 12 September 2014
The legal heirs of the deceased are the real owners of the property under discussion.
T. Kalaiselvan, Advocate
(Expert) 19 September 2014
The legal heirs of the deceased are both the mother and his wife besides, children if any. Once all of them are having shares in the property, either they can choose one of them as their authorised representative to receive the rent and issue receipts or everyone can combine together and issue the same.
Raj Kumar Makkad
(Expert) 19 September 2014
Property owners and landlord are two different issue. For receiving rent, there is no need of signature of all or one of the joint-holders. Either of the persons designated as landlord can receive the rent.
