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Shefali Tripathi (Practicing Company Secretary)     26 March 2011

Query Regarding Lease Agreement

Dear Learned Members!!!!!

 

Your guidance is needed on query below !!

 

20 acres land in Haryana district is in name of different members of a family. Means some of the land is in name of wife ‘A’, some in name of husband ‘B’ and the remaining part is in the name of daughter ‘C’ and son ‘D’ respectively.

‘B’ wants to lease the whole 20 acres land to some company for construction of commercial building. And the Company will consider only ‘B’, the main lessor, and wants to give the whole lease rent to only ‘B’. But, since the wife ‘A’, Son ‘D’, and daughter ‘C’ is also the co-owner of the some portion of the 20 acres land. So, they are also authorized to receive lease amount on their respective portion of the land.

Experienced members please tell whether the ‘B’ can receive the whole lease rent of all 20 acres land himself on behalf of his wife, his son, and his daughter?

If yes, then:-      

a) What all are the documents required from the wife, daughter and son’s side to authorize ‘B’ to collect all lease rent on their behalf?

b) What should be the standard Lease Agreement if the above mentioned fact is to be considered in order to avoid any legal dispute (if any) arise in future between all the family members. 

 

--

Regards

Shefali Tripathi

Company Secretaries

 



Learning

 4 Replies

Ranganathan.N (ADVOCATE)     27 March 2011

1) As far as lease is concerned it's a contract between the landlord and tenant.You have mentioned the details   of  the land and ownership but doen't described in detail whether it's divided or undivided.

2) Next incase if it is undivided then you can enter into an formal agreement in detail stating that as a kartha the father is acting on bahalf and they are also ready means they can also added as parties and one of their name can be mentioned for collecting the entire rent.

3) The matter in rent control act is the tenancy should be attorned that's it need not be a thing of ownership.Because a person may be authorized to take care and he will be acting as owner to take care of all tose things and the the tenancy will be attoned by him only.

4) In case if any dispute arises then you can deposit te portion of rent in court due to the dispute between them and it depends upon the dispute between them.If the above steps stands ok then probably no problems will arise for you.

contact: 9952444111

coimbatore

Shefali Tripathi (Practicing Company Secretary)     28 March 2011

Dear Mr. Rangnathan

Thanx so much for such clarity.

But please elaborate difference between Divided and Undivided property. As far as i know, the property is divided between family members itself.

Is there is difference between format of lease agreement if the property is divided or the property is undivided ?

 

MANOJ SATAPATHY (LEGAL MANAGER)     05 May 2011

Hi Shefali,

Get a power of attorney executed by wife, son and daughter (As Executants) in favour of B (Attorney Holder)so as to manage the whole property and receive the lease premium also. Do mention the schedule of all the properties in the GPA.

 

Regds

Manoj

JT Rajasuriya, Chennai (Advocate 98410 53790)     31 July 2011

Yes, it is as simple as that. A Power of Attorney from others will serve all purposes.


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