See if the owner died without will then in share of owner wife if alive and all children has equal share and if son is joint owner then he has right on 50 percent share rest shall be divided as per succession so the document cannot be used for determining the ownership.
Ownership of property
I am a government employee. I am entitled to lease facility by my company. Last year I leased a flat and my company was paying the rent to owner. This year owner died without leaving a will. Owner has one son and one daughter. Now my company is demanding transfer of property certificate to ascertain the ownership. Son of owner has said that this process will take time. However, the son has provided document regarding conveyance deed where the owner has signed to incorporate the name of son as joint owner. My query is whether this signed and dated document can be used as proof of ownership. Can company give a lease rent on the name of the son.
Asked 6 years ago in Property Law
Religion: Hindu
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12 Answers
1. IF the lease agreement was duly registered with the original owner, (say for 5 years), THEN irrespective of death of owner, the lease rent will have to be paid to the legal representatives /legal heirs /heirs on record, due to the clauses in the agreement which says "heirs, and his assigns .... ". Check & Read the same, in the lease agreement.
2. Further since Son is showing documentary evidence of his being joint owner, THEN lease rent has to be paid to the joint owner /legal heir.
Company if wants can continue with the conveyance deed for the time being, but legal heirs certificate will be required to make the deal legal.
son has only 50 per cent share in flat
2) on father demise his wife , son , daughter would have equal share in balance 50 per cent
3) company cannot give lease rent in name of son
Son is co owner in the sale deed, now he can be replaced as lessor. Company demand if unjustified. Fresh lease deed can execute with son.
- Post notary certified, the conveyance deed may be considered valid document of ownership.
- Also ask the son to initiate the process and attach the application copy along with to make your submission valid.
Regards
Vivek Arya
To avoid any future litigation in payment of the rent the company is asking an estimate document of shareholding that who is the owner of the property after the death of the actual owner of the property the legal Heirs should go to the Civil Court to get this shareholding certificate in their own name to submit to the company to continue the lease and payment of the lease rent to them it is necessary for a certain ment of actual honour for the making the payment
if owner died intestate the devolution of his property upon his heirs class1 i.e Widow,Son,Daughter company cannot give rent in name of son .
This cannot be considered as a title document.
If your company is insisting the owner to produce the proof of title to the proeprty, then he may have to comply with the requirement or else you may have to shift your residence to a place where the owner is having proper title to the property.
It needs to supported by a board resolution authorised to the said person to do the needful otherwise it will be illegal
If a male person dies intestate, the property left behind by him will devolve upon his wife and children.
In your case, the wife and daughter will be entitled to the share left by the father.
Son is entitled to 50% as per the conveyance deed.
The company cannot give rent to son alone.
It can give the rent to the authorized person / as per understanding among the surviving heirs alongwith the son.
No the son need to transfer the property on his name by following proper procedures of property transfer.
Till that process you can give that conveyance deed and a letter from owners son for providing rent till pendency of procedure for transfer of property.
