• Landlord dies

I have been tenant from 1992 and the rent is 1800/- per month . in my agreement no tenure( time frame ) is mentioned  10% rent will increase after 3 years is mentioned. in 2015 landlord died now her sons are saying to make new agreement my question am i bound to make new agreement . please guide and what should i do now. what are my legal right. i have pair rent till dec 2017. under what section can i tell them that i am not bound to make new agreement , or any previous case reference u can provide me
Asked 2 years ago in Property Law from Durgapur, West Bengal
Religion: Hindu

You will have to enter into a new rent agreement.

You can not deny entering into a new agreement.

Though such agreement shall be on the previously agreed terms.

Go ahead and get the agreement done, it is there right to get an agreement as the legal heir.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Dear User,

In reply to your post, you have to make New Agreement with the present owners.

You can insist for documentary proof to establish that they are legal heirs of the deceased.

Negotiate with them for New Agreement’s terms and conditions.

As far as your doubt about denying their claim there is no such provision. If they prove that they are heirs of the deceased, they are entitled for evicting you / extending your stay at the premises by entering into new agreement (their choice).

Stay cool and act tactfully without hurting their ego. Get out of the issue without damaging your rapport with them.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

1) on demise of landlord his legal heirs would be the landlord of the property in question

2) ask the legal heirs to obtain letters of administration from court then collect rent

3)on demise of landlord tenancy receipts have to be issued by new landlord for payment of rent

4) ask landlord to forward copy of fresh agreement . get it vetted by lawyer then take a call whether to enter into fresh agreement or not

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Dear Client,

You r not bound to execute new agreement but on the demand of legal heirs , if u do so, you can continue on same terms on conditions. You are not bound if his sons wishes to include other/new terms and conditions, any coercive step may be check through court.

Relief assured.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Landlord after his death, will be represented by his legal heirs until expiry of the term of this agreement. Hence, no need to enter into a fresh agreement immediately. Once the term of this agreement expires, and you renew this rental agreement, replace the name of the deceased landlord with the names of his surviving legal heirs.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

as per facts mentioned by you, if you have any proof for having paid the rents from 1992 to your landlord and your landlord had accepted the same it by default creates the landlord and tenant relation ship (Oral Rental Agreement) in this circumstances you may enter into a fresh rental agreement on mutual consent only or the rental agreement between you and your landlord is holds good.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

1) refuse to agree to leave and licence agreement

2) refuse to pay Rs 30,000 per month

3) refuse to agree for 3 years term

since present landlord has issued you rent receipt till december 2017 he has accepted that you are the tenant

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Let him file an eviction suit if you do not wish to enter into an agreement.

Since you are living since decaded the court will refrain from evicting you and a very nominal rate will be increased in rent.

Do not worry.

Thanks

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You are not bound to execute fresh agreement with new terms and conditions, more particularly it is advisable not to agree with any new demand of landlord son. He cannot evict u forcefully or compel to do any act under compulsion.

Your long rent tenure is your strength and u cannot be evicted without following due legal procedure that also impossible due to ur long residence tenure.

In case, any force to execute new agreement or eviction attempt, file a suit in rent control court, Will get stay

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

If you are feeling like threatened of evicting you from the property, please file a suit for injection restraining the landlord evict you from the property without due process of Law.

License is only for limited usages.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

Hi

In response to your post, you are at receiving end. You negotiate with your present owner and get the issue settled amicably.

Going by your strained relationship with your present owner. You may get it addressed with your association / other co-tenants involvement etc.

It is your owner's wish as to how he / she wants to let out the property you can't dictate terms.

Try and get the issue settled across the table instead of protracting the same.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

If there exists a valid rental agreement, then the heirs of the deceased owner cannot ask you to vacate or force you to enter into a new rental agreement afresh till the expiration of the said previous agreement entered with the landlord who is reported to have died subsequently.

On expiration of the current rental/lease agreement yo may have to enter into a fresh agreement with the legal heirs of the deceased landlord provided they are willing to extend the same.

Your tenancy rights is limited to the period of agreement

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

A leave and license agreement is an instrument/agreement wherein the licensor allows the licensee to temporarily occupy and use one portion of immovable property for carrying on his business for residential purposes.

The licensor grants the leave and license to the licensee for a minimum period of 11 months and for this, the licensee shall pay to the licensor a fixed amount of license fee/rent money. This agreement has to be mandatorily registered before the sub registrar of assurances at the place of jurisdiction where the property is located.

You say that you are in possession since 1992, whether this was renewed every year or periodically, if not then you cannot claim any rights it at this stage.

A rental / lease agreement cause a transfer of interest from the owner to the tenant, or lessor to the lessee.

A 'Leave & License' ensures that there is no transfer of interest from the Licensor to the Licensee. It is License to occupy and use the premises in the mentioned duration on mutually agreed terms. If the Licensee continues to occupy the property upon the cessation of the License or upon the prescribed notice period, they will be considered as unlawful occupants and action initiated against them for immediate eviction.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

It seems you have been paying rent to your erstwhile landlord and landlord has received the same.Therefore you have become a tenant under the west bengal premises tenancy act. Now since the original landlord has died therefore the legal heirs of the landlord becomes your immediate landlord and therefore you should tender the rent to them and if they doesn't recieve the same then please pay the rent in the rent control. There is no question of entering into any leave and licence agreement with the legal heirs of the landlord.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.0 on 5.0

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