inheritance of properties after death of father
3 years ago
My father passed away recently.
He had a 3 storied house that he has left for me and my younger sister in his WILL. As per the will, both myself and my sister are joint executors of the will and we are planning on jointly filing for probate of WILL.
A tenant is living in the ground floor of that house since 1978. The tenancy contract was between my father and a certain company. Now the current owner of that company is staying in the ground floor of the house. The tenancy contract has a starting date but does not have a ending date.
My questions are :
1. After me and me sister gets the probate of will, does the previous tenancy contract between my father and the company become void ? After my father died, and me and my sister got to see the WILL, we had asked the tenant to move out, but he demanded a large sum of money for the same. After me and my sister received the probate of will, can we legally ask the tenant to move out. Can he refuse ? What are my options, in case he refuses.
2. When my father was alive, he had filed an eviction case against the tenant, but the case got dismissed since my father was unable to go to court due to ill health. The tenant has been depositing rent to “rent controller” since then. Even after the case got dismissed, he still kept paying the rent to “rent controller” and not to us, even after we asked him. How should be my next steps ?
3. My sister asked for my PAN and AADHAR details while applying for the probate of Will. She stated that her lawyer had instructed her to do that. Do I need to share my PAN and Aadhar for filing of probate of will .
4. Recently I have learnt that my late father also owned other land and real estate, that are not mentioned in his WILL. I have found TITLE DEEDS and SALE DEEDS for some of those properties. I was unable to locate those properties online. I had found a person who specialised in “Searching” for trail of property documents from government offices, but he said that right now, no “Searching” is happening due to COVID. Is it true?
What steps do I take to learn about the current state of those properties.
5. No other properties, other than the 3 storied house are mentioned in my late father’s WILL, how do we legally claim those properties.
Sidhaarth
Responded 3 years ago
1. Tenancy shall be binding upon you and your sister. No tenancy can be forever. You can terminate tenancy and can file case for eviction of tenant.
2. You and your sister can become party in pending eviction case. You can ask increase in rent after every three years. Rent can only be deposited by a petition if there is refusal on part of landlord in accepting rent or if there is confusion. Refute the petition.
3. Yes. You have to furnish you identity proofs.
4. And 5. In respect of other property you can seek succession certificate.
Rishikesh Gherade
Responded 3 years ago
1) After grant of Probate, the tenancy will not be void. In fact, you will step into the shoes of the landlord and the tenancy will still continue. You cannot just ask him to quit, vacate and evict himself from the tenanted premises. However, if there is a change of user, i.e., from commercial to residential then you can certainly go for an eviction suit.
2) Since, your father had filed a suit for arrears of rent and the same got dismissed and that he is paying the rent in a timely manner, you can file an eviction suit only after you become the landlord, on the grounds of change of usage. You can also make an application to Hon'ble Court that since you are now the landlord, the rent controller be directed to release the accumulated rent amount to your benefit.
3) Yes, you will have to share the details as its a Testamentary Petition being filed by Joint Tenants.
4) All title searches are happening. You may engage professional services for that matter of a Search Clerk.
5) As far as the remaining three properties are concerned which are not in the will, ideally you should file Letters of Administration instead of a Probate so that it covers all the estate of your deceased father instead of only the bequeathed property in the will.
Please do not construe this opinion as a final advice or solicitation.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
When a landlord rents his home or if a tenant occupies a rental home, such activities of evicting a tenant for property in India fall under the scope of the Rent Control Act. Every state has its own rent control law. If a tenant has an alternate accomodation, you can evict him. If you find this helpful, please rate us.
Under the Rent Control Act, for evicting a tenant from the property, a landlord can recover possession of a rented property if they need the property for his bona fide purposes. Similarly, the Act for evicting a tenant from property states that if a tenant has alternative accommodation available, a landlord can assert their right and reclaim the rented premises. If you find this helpful, please rate us.
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