How to maintain the property of the landlord who died intestate ?
V.Raghavan
(Querist) 18 February 2008
This query is : Resolved
Can the tenants -only three - have a MOU between them to maintain the properties of the land lord ( one house and three flats) who died intestate and had no first and second clause heirs? This is to protect the properties of the deceased landlord from the illegal heirs who fight between themselves to aquite the properies and threatens the tenants before getting an order from the competent court of law or authority? Will the MOU is valid protecting their tenancial rights? What are the points necessarily be included?
What to do with the monthly rents payable and how to pay the maintenance and other sevice charges? Kindly advice.
Prakash Yedhula
(Expert) 21 February 2008
The tenants cannot enter into any MOU among themselves. Whether a heir is legal or not has to be decided by the competent court and not by the tenants themselves. In case there is any doubts over who is the actual heir, the tenants can either file a petition to deposit the rents or file an inter pleader suit in case of many claims and file an application in the said suit to deposit the rents to the credit of the suit.
V.Raghavan
(Querist) 22 February 2008
Dear Sir,
Thanks for your reply. There was dispure between the thrid claus lega heirs (since there are no first and second clause - No wife, no childre or parents- All are sisters and brother wife against who the deceased filed some suits and was defending himself in some suits - literall no faith on the said 3rd clause heirs). But the tenants concern not paying rent should not pave way for giving off their tenancial rights? Can any one of the tenant with the permission of the other tenants file an administration suit till the conflict ends?
Pl clarify my above pints.
Any how i am indebted for your reply and many thanks for u.
Regards
V.Raghavan
Manish Raghav
(Expert) 23 February 2008
since you are in the possession of the said property you are having possessery right in the property. in case if any person try to dispossess you from the said property you can file a suit for possession within 6 month of illegal dispossession.
V.Raghavan
(Querist) 23 February 2008
Thanks Mr.Manishraghav,
But here the problem is many persons said to be legal heirs often disturbs the tenants and the tenants are confused to pay the rent to whom?. And also necessary maintenance works have tobe attended and expenses have tobe paid. In such circumstances somebody should be authotised by any court of law to safeguard the tenants and their reights.
This is the confusion here.
Thanks for your reply,
V,Raghavan
Y V Vishweshwar Rao
(Expert) 02 May 2009
Dear Raghavan !
The Suggestions of Shri Y Prakash are correct . Your are admittedly tenants , there is no other claim for you .
The Course of Action for all the tenants is to file - Inter pleader Suit - impleading the District Collector , and all the persons who are claiming the property as III rd Class heirs . You need not bother about the persons who succeed the property , if no one can prove their entitlement , the property shall go to the Govt ,implead the Govt Rep by Dist Collector and deposit all the rents to the suit filed Account and with permission of the Court deduct some amounts in the rents for maintenance and Property Tax payments . I think this will solve your problem !
with regards !
