Leave and License
8 months ago
Dear All,
In a leave and license incase landlord is no more. Can a licensee handover the possession of the flat in absence of a court order showing who is the next owner post expiry of leave n license agreement. As 2-3 members in the family are coming forward saying they are the next owner. Can a licensee handover without any legal documentation.
A.Dear Client,
In the absence of any legal documents supporting the claim of legal heirs of the deceased Licensor, you need not hand over the vacant possession of let out premises until and unless the legal heirs of the Licensor ask you to vacant the rented premises in the capacity of owner by virtue of devolution of property in their name either through legal hers certificate issued by the Civic authority or by a competent Court of law. After the expiry of the tenure of the license, you may continue with the same till the competent owner of the premises ask you to vacant the premises after clearing your dues by serving a notice to that effect, because non-payment of dues and surrender of vacant possession, legal heirs may file a eviction suit before the Court claiming compensation for damage against you for non-compliance of the notice. for vacation of rented premises.
In the absence of any legal documents supporting the claim of legal heirs of the deceased Licensor, you need not hand over the vacant possession of let out premises until and unless the legal heirs of the Licensor ask you to vacant the rented premises in the capacity of owner by virtue of devolution of property in their name either through legal hers certificate issued by the Civic authority or by a competent Court of law. After the expiry of the tenure of the license, you may continue with the same till the competent owner of the premises ask you to vacant the premises after clearing your dues by serving a notice to that effect, because non-payment of dues and surrender of vacant possession, legal heirs may file a eviction suit before the Court claiming compensation for damage against you for non-compliance of the notice. for vacation of rented premises.
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A.Dear client,
The general law of tenancy says that tenancy does not terminate on the death of landlord until legal heirs issue a notice as per the tenancy Act of the State or u/s 106 of Transfer of Property Act.
The licensee is not directed to handover the possession without any legal documentation.
The general law of tenancy says that tenancy does not terminate on the death of landlord until legal heirs issue a notice as per the tenancy Act of the State or u/s 106 of Transfer of Property Act.
The licensee is not directed to handover the possession without any legal documentation.
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