Regarding recovery of lease money
kanwal
(Querist) 10 September 2013
This query is : Resolved
Sir,
A company entered lease agreement with a private Company for managing few plants which were running into lossess and the private Company agreed to pay the Company leased amount annually. However,before one year the said private Company failed to pay leased amount. Meanwhile the director signing the lease agreement issued public notice that his son (being legal heir) will not be resonsible for any act on account of this lease.
Because of non-payment of lease money the Company terminated the lease and filed a case against the said private company. During the course of pendency of the case, the signatory (lessee) died. After one month his wife also died.
Kindly advice whther the son being a legal heir can be sued for receovery of lease money keeing in view of public notice so published before his death by the lessee or what is the remedy for the Company. Is there any case law in this regard
P. Venu
(Expert) 11 September 2013
Is the private company a partnership firm? Who have been the partners?
Rajendra K Goyal
(Expert) 11 September 2013
Whether it is pvt. Ltd Co or a partnership. Will advise on receipt of the reply.
kanwal
(Querist) 12 September 2013
Sir,
It was registed as Private Company with two members only i.e. father and son. As per the present status ascertained from MCA the name of the company has been struck off.
Nadeem Qureshi
(Expert) 13 September 2013
the son is a legal heir of the father so son can be legal heir & he is also liable to pay the debt amount upon his father because if he is liable to get the estate of father then he is liable to pay the debt.
