• Rent agreement for property

My Father paid all dues related to purchase of property during the initial transfer My Aunt's Blackmail my father to transfer half share to her provided if she takes care of Us in absence of my father later my father died but my aunt never took care of us. She was renting entire property without my father's name's she has her name on maintenance and society register. now she is hidding from us. So now can I (Son) rent that property with my name on agreement in absence of her?
will that agreement get rejected by society because I didn't mention her name.
Asked 1 month ago in Property Law
Religion: Hindu

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20 Answers

If the said flat is in her name and possession is also in her name you cant rent the same. if you have the possession you can rent the same but the licensee may have issues if she creates any further problems to you.

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

1. It's not clear whether the property was purchased in the name of your father or your aunt. 

2. If it was purchased in the name of your father then your aunt doesn't have any share in it and hence has no right to collect rent.

3. Therefore on death of your father you send the tenant letter of attornment seeking rent from your tenants. 

4. In opposition file suit for declaration and mandatory injunction. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

1- Please answer whose name appears in sale agreement of the flat ?

2- Whose name appears in share certificate issued by the Society?

Will answer your questions after your clarification of two questions asked by us.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

First of all you inherit the property as per law as a legal heir or successor in interest to succeed your deceased father's property who is reported to have died intestate.

You first obtain the legal heirship certificate from the revenue department to establish the legal heirs of your deceased father.

After that, on the basis of the legal heirs you can get the property transferred in the revenue records on all the names of the legal heirs.

Then you can apply for transfer of share certificate with the society from your father's name to the names of the legal heirs.

Once this is completed, you can collect the rent from the tenants collectively on all the names or get a POA deed from other heirs in your name and collect the rent on behalf of all the heirs.

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Society NOC is necessary to give flat on rent 

 

since your aunt has 50 percent share her consent is necessary to give premises on rent 

Ajay Sethi
Advocate, Mumbai
79341 Answers
4745 Consultations

5.0 on 5.0

On whose name the flat is as of now ? If it's on your father's name and transferred on your name but due to minor it was given under control of aunt as a guardian. Than you can mention your name if you're major as of now.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

- If the said property is in the name of your father , then after his demise this property would be devolved upon his legal heirs , and your aunt having no right over the same , even she is a  nominee therein . 

- You can submit the death certificate before the society to transfer the property in your name ., and then only you  can give the said property on rent by your name. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

Tge property was purchased by your father and after him you are the owner. Your aunt is at best a caretaker of the property.


Yes can do that.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

If your and sister's name appears on share certificate then both of you may sign agreement in the absence of your aunt and the Society has to accept the same because of share certificate recognize both of you as members of Society and Society can't reject it.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

To give premises on leave and licence aunt consent is necessary 

Ajay Sethi
Advocate, Mumbai
79341 Answers
4745 Consultations

5.0 on 5.0

Yes the things can be carried out as aforesaid

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

How did the society transfer the share of your father in the flat in the name of your aunt?

Have you tried to ascertain that?

Generally when a co owner dies his share goes to his legal heirs and not to the surviving co owner 

So you will have to challenge the transfer of the entire property in the name of your aunt by the society

If the co owners are at loggerheads then any one co owner cannot act singly 

If you want to rent the flat then there may be objection by your aunt

Had the aunt been consenting then even the other co owner and on his death, his legal heirs, could rent the property

Here there is a dispute. So you cannot rent the property because there is full probability of it  being challenged

You first need to find out how this transfer in favour of your aunt of your father's share happened in the first place and what documents the society relied on for doing such transfer

Yusuf Rampurawala
Advocate, Mumbai
5763 Answers
35 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested you may claim your rights and may serve the legal notice to the aunt for declaration of the things. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. No you cannot rent the premises without including your aunt because share certificate is on name of your aunt. 

2. Yes, if you still execute agreement without name of your aunt then it can be rejected by society. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

If it's family adjustment than you can ask to your aunt hand over the property to you and get her sign on relinquish deed papers plus get this registered in SRO.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Since your aunt is reported to be missing or absconding, you just don't worry about her obstacle in this regard.

You can proceed as per law in this regard as suggested in the previous post as well as by other lawyers of this forum.

If necessary you may take the assistance of a local advocate to draft the POA or any other deed in this connection.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

- After the death of your father , you should submit the legal heir certificate before the society  with the death certificate. 

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

Yes you can get your name in the rent agreement 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

The society have certain rules and it is a common place problem unless they have made a clause in the bye-laws to which you have agreed to in the beginning. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

The property belongs to you.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

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