I am wife, my husband died and tenants are staying in flat. Contract is suppose to renew with the old tenants but husband has passed away. Property is on bank loan and my mother in law is nominee in loan document. Can as I wife I can do rent agreement on husbands behalf or else what is the solution to it. Rest I can explain once I talk.
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On husband demise intestate you and your mother in law are legal heirs
2) nominee is only trustee for legal heirs
3) apply to district court in Pune for being appointed as administrator of deceased husband assets
4) enclose husband death certificate and schedule of flat
5) if no objections are received you would be appointed as administrator
6) it takes around 6 months
7) then only can you renew rental agreement
1. Assuming that your husband died intestate (without executing a WILL), his property will devolve equally to your mother-in-law, you and your child/children.
2. Assuming that your child/children is/are minor in age, both you and your mother-in-law can jointly execute a fresh/renew tenancy agreement with the tenants or if your mother-in-law authorises you through POA/ Authorisation letter to execute fresh/renew tenancy agreement, then you can alone execute the said agreement.
If husband has died intestate then you and his mother and children are class-1 legal heir, hence, Succession certificate is required to be obtained and only thereafter if all legal heirs appoint you as attorney only then you will be able to execute rent agreement.
The property post demise of your husband devolves on all the legal heirs, which includes you and your mother in law. This is so, incase your husband died intestate.
Thus, all his legal heirs will have to sign the renewal agreement.
After the death of your husband, all his legal heirs have to execute a new tenancy agreement, including his mother, your major children and you. Alternatively, all the others can execute a special PoA in favour of you for letting out the property on tenancy, collecting rent and for doing such other acts.
Dear Client,
If your husband died without a will, then you, his mother, and his children are his class-1 legal heirs. This means that you all have an equal right to inherit his property.
In order to sell or rent your husband's property, you will need to obtain a succession certificate. This is a document that proves that you are the rightful heir to the property.
Once you have the succession certificate, you will need to have all of the legal heirs appoint you as their attorney. This means that they will give you the power to act on their behalf when it comes to selling or renting the property.
Only after you have obtained the succession certificate and been appointed as the attorney by all of the legal heirs will you be able to execute a rent agreement.
Hello
Yes if your name is in the legal hair certificate you can definitely execute a rent agreement as you are one of the legal heirs of your diseased husband, Please make sure that you have got made the legal heir certificate from the concerned SDM office as you would be needing it quite often.
Best of luck
Your husband's legal heirs are his children, wife and mother.
Therefore in order to avoid clashes with your mother in this regard, you may better get an authorisation letter to authorise you to let out the property on rent and collect the rent on behalf of her also.
If that is not possible then it would be improper and legally incorrect to let out the property on rent just on the basis of wife of the deceased owner, who is reported to have died intestate.
If your mother in law is filing a case before civil court for deposit the rental amount in court till disposal of the suit for partition, then nobody will be able to enjoy the rental income.
Yes as you are legal heir you can do the Same with the tenant
- As per law, after the demise of your husband, the property is devolved upon all the legal heirs equally
- Hence, you and your mother is equally claimant of the property .
- You can send a notice the tenant to attorn you as the landlady of the tenanted premises , and to enter into a new tenancy agreement with you.
- A nominee is only a trustee and she cannot claim the property without getting consent of other legal heirs.
Hello,
After the demise of your husband you are entitled to bequeath the property as class 1 legal heir and also entitled to enjoy the profits arises out of the property.
To discuss further you can reach me out at : [deleted].
Regards
