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Nikhil Sn   05 October 2020

Query related ed to leased property

What happens to the the leased property when the lessor (who is the sole owner and have no heirs) dies. And lessee has still the property in possession as per the lease deed for a certain period. And to whom he will give rent and whether he can violate any condition of the lease deed after such incident?


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 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 October 2020

The property devolves to the other legal heirs if he has no wife and children.  That means brothers/or their heirs or sisters/their heirs like that the property goes.

Dr J C Vashista (Advocate)     06 October 2020

Whether deceased has "NO" legal representative of any class ????

Please do not set question paper based on hypothetical facts.

G.L.N. Prasad (Retired employee.)     06 October 2020

Please inform the name of the lessee (whether Govt or private) and when the lessor has expired and where lessee was depositing his lease rent after death.  Whether the query was "if" or "assumption" or in "future" or issue now. and what is your status.  This is very complicated case and full details are a must for precise guidance.

Nikhil Sn   06 October 2020

The lessor was private individual and had no agent in India after his widow daughter's death. His heirs were in abroad and the lessee was not aware of the heirs. lessee took due efforts to sought the heirs like published notice in local newspapers but was failed. The lessee sub-leased the property and allowed the sub-lessee to do actions which required prior permission from the actual lessor according to the deed. After nearly 13 years the heirs of lessor came India and filed a suit for eviction. Whether ground lessee can relied on to prevent from eviction?

G.L.N. Prasad (Retired employee.)     06 October 2020

The first query was:   What happens to the leased property when the lessor (who is the sole owner and have no heirs) dies -?

(Facts stated not correct, misleading, as there is eviction demand from legal heirs already)

When asked for more facts the query turned to:  After nearly 13 years the heirs of lessor came to India and filed a suit for eviction. Whether ground lessee can rely on to prevent eviction?  

The fact was: The lessee sub-leased the property and allowed the sub-lessee to do actions which required prior permission from the actual lessor according to the deed

Answers still solicited not provided was: 1.When lessor expired?  2.When legal heirs claimed eviction? 3. How lease rent is being deposited till now?   4Whether the lease was reduced in writing, registered, and if so when is the due date?  5what is the locus standi of the queriest and present status if any as per eviction notice?



 

P. Venu (Advocate)     06 October 2020

What are the grounds sought in seeking eviction?

Kishor Mehta (CEO)     06 October 2020

if the lessee has illegally sub leased the property, he is liable to be evicted. He has no defense.

P. Venu (Advocate)     07 October 2020

My posting, above, may kindly be read as "What are the grounds urged in seeking eviction?". The lapse is regretted.


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