Agreement with tenant

1) Upon the death of the party the contract is determined, unless his LRs are substituted as party.

2) A deceased person cannot be a party to a legal proceeding and the effect of the death is to suspend the action as to the decedent until his or her legal representative is substituted as a party. A deceased person cannot be a party to legal proceedings.”While the death of a party does not abate a pending action where the cause of action survives, nevertheless the effect of the death is to suspend the action as to the decedent until someone is substituted for the decedent as a party to the proceedings. Until someone is properly substituted as a party after the action is thus suspended, further proceedings in the case are void as to the decedent.

3) All the Lrs should execute on behalf of the deseased to the contract.

4) The rent can be issued to one amongst the LRs, duly authorised by the other LRs.

Though the landlord expired, the rights of a tenant will continue.  The agreement will be binding on the Lrs of the deceased.  If one of the Lrs wnats to receive the rent, then the consent of other Lrs is required.  If not enter into a fresh agreement withj the tenat, and get the rent deed registered. this wil solce the issue

1. The rent agreement is determined on demise of the landlord, however, it may continue/extended at the pleasure of all LRs of deceased landlord.

2. In order to avoid any complicacy get the property transferred in the name of all LRs as per sucession and execute/register a fresh rent agreement meanwhile inform the tentant to continue.

3. Consult and engage a local lawyer for proper analysis, guidance and proceeding.

Hi,

After the death father it is always advisable to get the successors name mentioned in  the revenue records of the property.. if the other members (successors) are leaving their rights over the ownership of the property then execute the deed of relinquishment and put the names of the remaining successors as owner of the property and make a fresh or supplimentary rent agreement with the tenant and continue.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in   Call: 020-65248888

Respected members, Thanks for your kind responses. Further please let me know if:

Do we have right to evict the tenant in these scenarios?:

1. The original rent agreement done by father has not expired

2. It has expired

thanks

Ahmad

Of course you have all the rights to evict the tenant. Engage a local prudent lawyer and proceed.

Act as opined

1) The rent agreement can be prolonged as it is if the all Legal heirs of the property agree and think so. In case the agreement is having time limit as usually it has, It is better to execute a new agreement with the name of new persons as the successors of the property.

2) Yes in case few of the legal heirs of the property after the demise of the father will to relinquish their shares in favour of the few others the mutation of the property can be done who gets this favour deed from other share holders in the property.

3) Yes joint holding property rent can be taken in one name though it is further duty of the taker to desperce the proceeds among all the joint holders.