On demise of father tenancy rights have to be transferred in name of legal heirs by the landlord
2) landlord has to issue rent receipt in name of legal heirs
We have a rented shop without any agreement deed only rent wil change in my father name i want to now after my father death we can continue our shop withou haresment of land lord ad we have a power to sold the shop or we go to land lord to change the rent bill ad put our name with father name so pls give us a kaanoon advice
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On demise of father tenancy rights have to be transferred in name of legal heirs by the landlord
2) landlord has to issue rent receipt in name of legal heirs
You can't sell the rented shop. It depends on landlords if in future if he wishes not to continue he may file eviction notice. If you want to relinquish your tenancy you need to pay a percentage of money received from new tenant to landlord
Tenancy will continue with legal heir of father but no right to sell the rented shop.
No worry if rent bill not changed in your name.
1. You should ask the landlord to execute a tenancy agreement to legally establish your tenancy.
2. However, with the rent receipt issued by the land lord, you can claim that your father has a tenancy agreement with the land lord for which he is issuing the rent receipt to your father.
3.After the demise of your father, you shall have to write to the land lord asking him to change the name in the rent receipt in favour of the legal heir of your father being yourself.
4. Preserve the rent receipts very carefully which will establish the tenancy of your father in the said shop.
5. You can not sell the said shop since you are not its owner.
1. If your father was the tenant and on his death you were not made a new tenant in place of your father or not.
2. If the answer is no then after five years from the date of death of your father you are liable for eviction.
Tenancy rights are inheritable by the legal heirs of the tenant.
You can request your landlord to issue rent receipt on any one of the legal heir name.
If you are a tenant you cannot sell the shop
You can transfer the rental agreement which was orally entered between your father and the landlord to your name if he agrees for that.
That when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are occupying the property or not
Tenancy rights are inheritable.
However in the absence of the registered rental agreement, the tenancy rights may not be established before court.
Hi,
It is advised that after father's death, you get the rent deed done in your's name and get the rent deed transferred on your name. Then any transaction through you will be valid. In case, you are not willing for the rent deed, the in consultation with the land lord, do any thing i.e. sale of the shop etc. get the legal documentation done in order to avoid any hassle in future.