Status of lessee occupied land by propritory concernr demise

Querist : Anonymous (Querist) 15 April 2020 This query is : Resolved
I am the owner of plot. Piece of land was given on lease by agreement with proprietorship firm. If propritor expires how can I get back possession of plot? The lessee was defaulter of lease rent.

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KISHAN DUTT KALASKAR (Expert) 15 April 2020
Dear Sir,
You can immediately get it back as the lease comes to an end on the death of such proprietor. Take possession immediately and let the legal heirs go to the court. If there are any articles in the house keep them in one room and seal it under the intimation to the police.
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Raj Kumar Makkad (Expert) 15 April 2020
Generally lease do not come to an end on the expiry of the properietor if otherwise mentioned in the terms of the lease. The legal heirs of the deceased lessee shall replace the properitor on his demise.

If lease is to be ended, the terms of the lease shall have to be gone through. It can be got ended strictly in accordance with the terms of the lease-deed.

Rajendra K Goyal (Expert) 15 April 2020
Refer the terms of lease agreement.

An agreement does not comes to end on the death of proprietor / one party till the fact is part of agreement /agreed terms

N. Sivaprakash, Chennai 984099 (Expert) 15 April 2020
Go through the terms of the Lease Deed.You have to file a Civil Suit for recovery of possession from his Legal Heirs or Legal Representatives.

kavksatyanarayana (Expert) 15 April 2020
It will depend on the terms and conditions of the lease. If still there is time to vacate, his legal heirs will come into the picture.

Rajendra K Goyal (Expert) 16 April 2020
Agree with the expert, term of lease is also a term of the agreement required to be referred.

Raj Kumar Makkad (Expert) 16 April 2020
It is not understood by the comment of one of the experts that how the lease agreement and agreement i.e. two separate documents shall be executed in the given case?

Terms of the lease-deed which may also be designated as lease-Agreement shall prevail in the given case.

P. Venu (Expert) 16 April 2020
A lessor cannot unilaterally take possession; it could only be through the due process of law. Non payment of lease rent is a substantial ground for seeking eviction; however, the death of the lessee need not be.

Rajendra K Goyal (Expert) 17 April 2020
Has the lease time expired?

Has the legal heirs of the deceased refused to return the lease property?

Since the rent is in arrears, you can send legal notice to the legal heirs for payment of rent, interest and penalty on arrears of rent , compensation and for vacating the premises due to non observing the terms of lease.

Dr J C Vashista (Expert) 17 April 2020
Whether the lease deed is registered or not ?
What are the terms and conditions agreed by the parties to the agreement/ deed ?
What is the reason mentioned by lessee for non-payment of rent and what action did you initiate to recover outstanding amount ?
Show the document of lease deed to a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding.

SHIRISH PAWAR, 7738990900 (Expert) 17 April 2020
Dear querist,

You have to initiate legal action against the tenant. Send legal notice and file suit for cancellation of agreement and suit for eviction against the tenant.

Regards,

Rajendra K Goyal (Expert) 19 April 2020
The querist has not provided the asked information, further advice would be added after receiving the information.

Raj Kumar Makkad (Expert) 19 April 2020
As per me, the author has provided all relevant facts necessary for attending his query. His simple question is whether on the death of lessee, can he being legal heir of lesser, can take back the leased property and its sole answer is no.

Rajendra K Goyal (Expert) 22 April 2020
Certain supplementary information was asked from the querist, still not provided. With the given facts / information advice is enough.

Raj Kumar Makkad (Expert) 22 April 2020
When author is not interested to further stretch his query in consonance with the habit of some experts then our earlier replies should be treated as final and even there is no need to write that 'as certain information sought has not been supplied by author so my earlier should suffice'. Even if it is not written, who has asked to confirm??

Rajendra K Goyal (Expert) 22 April 2020
In such cases the thread should not be stretched further if the intention of the author is such..