Leave & License Leave & License

8 months ago

Would I be legally liable as a licencee to handover flat to family of licensor who has passed away in absence of any transfer of ownership document. N would society share certificate alongwith maintenace bill stating the new owners name suffice to handover keys or mandatory require Court Order or Heirship from. As I want to vacate.

Anik

Responded 8 months ago

View All Answers
A.Dear client,
A lease creates a heritable right under the Transfer of Property Act. A license will come to an end on the death of a licensee. On the death of a licensee, his heirs will not inherit the right to continue to use the premises. A lease is assignable but a license is generally non-transferable.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 8 months ago

View All Answers
A.Dear Client,
On the demise of a society member, his recorded nominee is allowed ownership as per the Byelaws of the Society and accordingly maintenance Bill is raised against the recorded nominee of the demised member. A legal heir certificate or a Succession Certificate is required for other purposes. Being a licensee if you want to vacate the premises you need to serve a notice in terms of L & L Agreement to the new owner as recorded in the society's documents and hand over the vacant possession of the let-out premises in compliance with other formalities, if any, as specified in the agreement.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFormalities to be done by landlords regarding tenants in Ghaziabad UP
Dear Client, Few metropolitan cities across the country have made police verification of tenants with local police stations mandatory for the landlord. Cities like Delhi, Bangalore, and Kolkata are a...
question iconFlat Purchase
Dear Client, In addition to the above, you need to obtain the following documents: Mother Deed Building Approval Plan Sanctioned Plan Copy Water & Sewage, Pollution, Electricity Approvals Commencement...
question iconRegarding undivided property
Dear Client, According to the Hindu Law of Inheritance, the paternal property that is undivided for at least four generations qualifies as an ancestral property and the coparceners have an equal share...
question iconProperty - Our share of property
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. In ca...
question iconConfiscated phone
Dear Client, If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...