• Legal heir

My Father expired recently
He solely owned a property which he leased out through a registered agreement for a period of 10 years in 2008
The agreement expires in 12 months approximately
I am the sole legal heir and have obtained an LR certificate.
The lease agreement clearly states that the lessor is only my father and there is no mention of legal heirs 

Questions:
1)	Is this lease agreement still valid?
2)	Is this agreement binding on me as a legal heir? (there is no mention of it in the agreement)
3)	Can I evict the Lessee based on invalidity?
4)	I need the premises back . what are my options?
Asked 7 years ago in Property Law
Religion: Muslim

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4 Answers

it is necessary to peruse lease deed to advice .lease does not come to an end on death of lessor .

2) lease agreement would be binding upon you

3) notice has to be issued to lessee informing him of death of lessor and to pay rentals to you

4)there must be termination clause in lease deed . you can terminate lease as per termination clause

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. The lease agreement is valid till the date of tis expiry.

2. yes, it is binding on you till its expiry.

3. You can evict the lessee but not beofre the expiry of lease.

4. You will have to wait till the date of expiry of lease.

DO NOTE THAT LESSOR AND LESSEE BOTH INCLUDES THEIR LEGAL HEIRS/SUCCESSORS ON THEIR DEATH.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hello,

A lease is inherited by the legal heirs, however if you wish to evict the lessee then you need to file an eviction suit in the appropriate court of law. The lease does not become invalid per se on expiry of your father.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

This lease agreement is very much valid

You as a legal heir are bound to honour the agreement

No you can't do that

You have to follow due process of law

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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