Only the owner or legal heirs cna rent out the property. Yes all owners need to sign the agreement or give noc to single owner for execution of the rent agreement
Can rent agreement be prepared without changing ownership?
My father has expired recently intestate (without leaving a will). Legal heirs are my mother(75), myself(38) and my brother(30). My father had build a two-storeyed building, the ground floor of which was in his name and the first floor is in my mother's name. My parents jointly own the land on which the building is build. The property is not ancestral and we don't belong to a Hindu Undivided Family. Now we wish to rent out the ground floor of the house. My questions are: 1. Is it possible to prepare the rent-agreement paper of the ground-floor before changing the ownership of the floor? If yes, who will be regarded as the landlord/landlady? 2. If no, and if the property (ground-floor) gets divided to multiple (more than one) people as per the law of the land, does all the owners need to sign the rent-agreement paper? And whom should the tenant pay out? The tenant may not agree to transfer his rent to multiple bank accounts.
Asked 5 years ago in Property Law
Religion: Hindu
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32 Answers
1. Yes rent agreement can be prepared without changing owner of land.
2. In rent agreement name of all legal heirs will be mentioned as owners.
3. All legal heirs have to sign the agreement as co-owners.
4. Rent can be collected by one owner in his or her bank account mentioned in rent agreement.
Dear Sir/Madam,
It is better to change the ownership record in registrar's office by the process of mutation. However, the same is not done and if there is some emergency or urgent need of renting the said property, the rent deed may be prepared by all the three legal heirs and rent may be asked in only one bank account from the tenant.
Rent agreement as landlord has to be executed by your mother , you and your brother
2) tenant can issue cheque for rentals in name of mother if so agreed by other co owners
3) apply for mutation of ground floor in name of legal heirs
You cannot unless you don't make a written agreement. The owner's name and signatures are necessary in order to make and register a rent agreement.
That may be a family arrangement. The law respects family arrangements.
1. The ownership cannot be changed to any one of the legal heirs of our deceased father.
ll the three legal heirs are cosharers of the property that is lying on yor father's name.
Hence the other two can authorise the chosen heir to enter into a rental agreement and collect the rental amount every month and distribute the same equally among all the three heirs.
2. The other two cosharers can either give an authorisation letter or a GPA in favor of the chosen heir to enter into the rental agreement with the prospective tenant or all the three can jointly enter into the rental agreement with the tenant.
The rent can be collected on one individual's name and that individual can distribute the same to all the three.
1. FIRSTLY have Father's property duly mutated /transferred to ALL or Selective residual legal heirs (in name of persons, as you described).
2. AFTER above, rent agreement may be executed by ANYONE person or jointly with all, without any legal hitch, with a inbuilt clause that Rent would be payable to this particular owner only.
1. Yes, since all three of you are joint owners of the ground floor you can give this on rent on signing by three of you as landlord/lessor.
2. Even a co sharer can give a joint property on rent without the consent of other co sharers. This creates a valid tenancy though at the time of partition decreed by court the said co sharers would be bound to make share of the profits so far accrued to him.
1. On the intestate death of your father, his property share would devolve equally to his mother (if alive), your mother, you and your brother.
2. As per your narration, your father was owning the ground floor of the building and upon his intestate death, the share in the property would devolve equally to your mother, you and your brother, 1/3rd share each.
3. When you are letting out the ground floor property, you can get the rental agreement done in your mother's name only, instead of showing all the three legal heirs' names. You and your brother can execute a POA in favour of your mother authorising her to collect the rent, on behalf of you and your brother.
1. The owner on record will be the landlord.
2. Yes all the owners need to sign the agreement to rent and a joint account may be given to the tenant to pay the rent
- The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act..
- As per this Act, the property of an intestate shall be divided among the heirs in class I of the Schedule.
- Hence, after the death of your father, his share ie. ground floor will be distributed amongst your mother, and his sons.
1. No, without changing ownership a rent agreement cannot be prepare , because legally there are three claimant in the property left by your father .
2. Out of three claimant , two can either authorize third for receiving the rent from the tenant and to enter into the agreement legally
- Similarly , two can transfer their share in the name of third after executing Release Deed/Relinquishment deed in favour of third.
- Or , you all can execute a family settlement for the same ,for the receiving the rent in one account , and further for distributing the same.
On father's demise, his share inheirted equally between his legal heirs i.e.1/3rd share each.
Rent agreemnt will execute by all 3 as landlord or through POA by anyone. Transfer of ownership is not a condition precedent.
Any one can receive the rent and later divide between all three.
1. You, your mother and your sibling the legal heir of your father can make a rent agreement as on demise of your father without will his share in property will be equally distributed. You three shall be regarded as owner in that share and can receive equal rent.
2. See the share is equal the tenant has to pay equally
Mention all legal heirs in the rent deed and authorise one of them to receive rent payment . Deed to be signed by all legal heirs. It is upto tenent to accept this or not. He may insists for mutation records in favour of legal heirs.
1. It is settled law that landlord does not necessarily have to be the land owner.
2. Rent agreement can be executed by any heir of your father in capacity as landlord even without mutation being carried out. Any of his heirs can be landlord/landlady.
3. Tenant is bound to pay the rent to person who is named as landlord/landlady in the rent agreement.
After the death of father his legal heirs become the absolute owners of the property. In such a stage all the legal heirs considered as the land lords. But the same time any of the members in your family can execute rent agreement with tenants as per the authorisation or direction of other members and that member can accept rent from tenant. For the oral authorization is enough even though a notorised GPA can also executed for that purpose.
Hello,
- As all three of you are the heirs to the ground floor after the demise of your father, ideally the Agreement for rent must be prepared between you three and the tenant.
- In fact any one of you can be the Power of Attorney on behalf of the other two and enter into a Rent agreement with the tenant.
- You can decide in whose account the rent needs to be deposited and make that as a clause in the agreement. Alternately you can open a joint account for the purpose of collecting rent.
Ans: 1. It is not possible to prepare a rent agreement without change of ownership, however, since your mother is the class 1 heir after the demise of your father, she becomes the owner upon his death. You may have to visit the local authorities after the covid crisis eases in your locality to change the name in the land records. After change in the land records, whom ever is the new owner now, will be the landlord / landlady.
If it self made property of your father,the widow sons daughters will be heirs. In all possible situations you will have the rights to rent the property. Any one can receive the rent as per mutual understanding.
1. All the legal heirs of your deceased father has not become the owner of the ground floor of the said house due to inheritence. You need not chance the ownership for letting it out. All of you can jopintly give the said ground floor on rent.
2. You all have undivided share of the said ground floor and can sign the rent agreement jointly mentioning that the rent will be deposited either in three accounts in equal proportion or to the account of only one legal heir so that you can settle all your individuual claims mutually.
On the death of your father, who died intestate, all three of you become equal sharers to the property left by him i.e., 1/3 each.
Coming to letting out Ground Floor (GF) portion, upon settling the issue among three of you, i.e, who takes which portion, then person who gets the GF portion can execute the Agreement and take rent.
Other way round, all three of you can let out the same (being legal heirs), and authorize one of you and the said person can execute rent agreement and take rent in name i.e., other two can give consent to the same.
Thus, there will not be any complications to the tenant also.
1. Can one or more of the legal heirs prepare the rent agreement in his/her name without written consent/signature of the other heirs and consume the rent totally without other heirs' consent? If yes, is there any way to object? Actually, my brother and mother reside in the said house but I stay in a separate flat. 2. If my brother does some renovation work, coloring etc in the entire residence, can he claim his sole ownership of the entire two-storied building after my mother's death? My mother is determined not to leave any will. 3. My brother also plans to change the electricity bill, cooking-gas bill, etc solely in his name (they were in my father's name till date) as our mother(75) is too weak and fragile. Will paying out the utility bills of the house also tilt the scale in his favor in acquiring the sole ownership of the two-storied house after my mother's death? What does the law say? Even my brother plans to confiscate father's original death certificate and hand me only a xerox copy. He has had no contribution till date in the construction of the house and it was built solely by our working-parents.
Asked 5 years ago
All legal heirs have to jointly execute rental agreement
2) issue notice to other legal heirs not to create third party rights without your consent
3) also inform society not to give permission for giving premises on rent without your consent
4) mere carrying out renovations does not make you owner of property
5) object to transfer of electricity meter in brother name
6) death certificate you can seek more copies
You can claim share in rent.
No sole ownership by doing renovation.
Paying bills - NO ownerhsip.
You can also obtain duplicate copy of Death certificate from municipal office.
1. It can bring done only if it's bit challenged by other legal heirs.
2. No
3. It's illegal you can compliant to rhe electricity department for said fraud
You can get the certified copy from registrar of birth and death
1. This may be done and can be objected also by filing temporary injunction suit against receiving rent by one heir
2. No, he can't claim ownership merely on by getting the premises painted.
3. Don't allow him to get all the connections on his name.
Death certificate copy can be taken from office of registrar birth and death.
1. Consent of all legal heirs is required to rent the said property if they rent without consent then the other legal heir may file suit and may demand share and profit from rent and also eviction.
2. No he cannot claim complete ownership he can claim his share only.
3 No ownership has nothing to do with payment of utility bills.
You may file suit for partition of the property and may claim your share.
1. Yes but at the time of final decree of partition the profit so earned is to be divided.
2. No
3. These acts does not establish exclusive title. To remove the dispute once and for all file a suit for partition.
1. If you are one of the legal heirs of the property you can very well object to this and also can obtain an order of injunction against them restraining them from letting out the premises on rent and also for not sharing the rental income.
2. No.
3. You can obtain an order of injunction on this.
4. You can always get the original death certificate directly from the authorities concerned.
1. There was a typographical error in the first paragraph of my first posting. In place of 'have become' it has been typed 'has not become'. The said property has now been inherited by all three of you for which any one of you can not deal with it with out the consent of others.
2 Your brother can not claim sole ownership of the said property just because he has painted the house. However, if he resides in the entire house peacefully without any objection or claim from you for a period of 12 years or more then he can claim adverse possession of the said house.
3. He is preparing for claiming the adverse possession of the house and taking preliminary steps to wards that direction. The property constructed on a piece of land standing in the name of a person becomes his property , whoever might have constructed it. So, the whole house should stand in the name of your late father who died intestate.
4. You should now file a partition suit claiming your share of your late father's house.
all legal heirs need to sign the rent agreement and give possession to tenant..
no, he cannot claim.
Your brothr can not claim ownership on even paying taxes and electricity bills.
1. This can be done if there is a consensus between the heirs. Serve a lawyer's notice to the heir who intends to be the landlord and seek division of rent.
2. However, where the landlord is not the owner he is under an inescapable obligation to divide the rent received by him between all the heirs, unless there is an agreement to the contrary between the heirs and landlord.
3. Title cannot be claimed on the basis of renovation work.
4. Electricity bill and cooking-gas bill are also not documents which create any title. File an application to the electricity board to object to the issuance of bill in his favour.
Dear Sir,
If any of the legal heir is involved in any unfair means such as fraud etc. the suitable case of civil and criminal nature can be filed against him. In case of no will by the mother, the property will be shared equally. The mere painting and renovation does not entitle your brother to claim the complete property and the same applicable to utility meters as well.