• Renting out

Question 1: Can I rent my mother home (in new delhi)after her death....I am the only child. My mother and father both are not alive.

Question 2: Can I rent my Father home (in new delhi)after his death....I am the only child. My mother and father both are not alive.
Asked 3 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

Dear client,

Did you have the mutation of property in your name. Else do you have a will/ succession certificate/ legal heir certificate in your name?

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Sir

Yes you can rent out the properties as your own. Do an agreement with the tenant with higher rent mentioned in it.. though you can take lesser amount. Tell him that if the property not vacated then you will take the higher rent. 

Anyway as per your query, after death of your parents, you have legal right to rent out the properties of your parents. No problem in it. 

Good luck 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Hello, 

  1. If you have no siblings after the death of your parents, you become the only heir through intestate succussion. 
  2. You can therefore rent out the houses left behind by your parents. 

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

No problem. Mutation or nothing is required to rent out the property. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

No problem. Mutation or nothing else is required to rent out the property. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Kindly contact on phone/email  seeking it through kanoon.com

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Apply for mutation of property in your name 

 

then only rent it out by registered leave and licence agreement 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

You can rent it but need to transfer house in your name first 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1.  Yes you can rent out the property and collect the rental amount.

However in order to abundantly caution about this, you may obtain a legal heirship certificate from the revenue department and get the property mutated to your name so that you will become an absolute owner with clear and marketable title to the property,.

 

2. The above is the answer for your this question too. 

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You can obtain legal heirship certificate of both your deceased mother and fate hr from the Tehsildar office within your residential jurisdiction  after which you can get the property mutated  to your name by submitting an application for transfer of revenue records to your name from that of your deceased parents' names by attaching the death certificates and the legal heirship certificates to your application. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You have been advised the procedures  to be adopted to get the property mutated to your name.

You may follow the procedures.

If you are still unable to carry out the task, you may engage the services of an advocate in the local and get your task completed. 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear sir,

 

Yes, you can rightly rent that property.

However, It is advised that you get a legal heir certificate and then undergo the process of mutation of property in your name.  After that you can get into contract with the tenant in your name. This would only ensure that you be the absolute owner of that property. Thank you

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

Obtain a declaratory decree and substitute your name in place of theirs. Then you may do it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you may do it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

First substitution should be done.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

- As per law, after the death of your parents intestate , their property would be devolved upon you due being the only legal heirs. 

- Hence, you should apply for getting mutation for those property after submitting death certificate and your residential proof . 

- Yes, you can give on rent their property legally. However, you should issue a notice to the existing tenant to attorn you as landlord /owner of the property. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer