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Renting property of my deceased father with mother and sister consent
11-Sep-2023 (In Civil Law)
Sir, My father passed away 2 years before, now my grandmother(Father's Mother) with the help her other sons filed a case against my mother, sister & myself for 1/4th of my father's property's, (we fall under hindu religion), as grandmother also be a legal heir after my father's dealth she had put upon a case against us. My father had a resort (Homestay) under his name which was given for lease for 11 months, now the person who was running that had finished the agreement and is not willing to run it further. kindly provide me with valuable opinions for the following, 1. Since the property is in my deceased father's name can we give it for lease to somebody else with the consent of my mother, sister & me? 2. In case if it is not possible to lease out, can we run it ? 3. In order to run the resort (Homestay), we need to take a lodging licence from Municipality , will the municipality issue the licence ? we havent taken any legal heir-ship/ relationship certificate till now.
You need to take consent of your grandmother too before entering into any agreement.
since the case is pending adjudication and your grandmother is legally entitled to get her share i wont suggest you to enter into any new agreement till
KINDLY CHECK IF COURT HAS GRANTED ANY STAY IN THE SUIT PROPERTY, IF SO YOU CANT CREATE ANY THIRD PARTY INTREST IN THE SUIT PROPERTY
since the case is pending adjudication and your grandmother is legally entitled to get her share i wont suggest you to enter into any new agreement till
KINDLY CHECK IF COURT HAS GRANTED ANY STAY IN THE SUIT PROPERTY, IF SO YOU CANT CREATE ANY THIRD PARTY INTREST IN THE SUIT PROPERTY
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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It appears you are a Hindu. As such, your mother is a legal heir to your late father. And the suit filed by would be decreed in her favour. It is immaterial that she has been prompted or instigated.
Having said that, it is inequitable that in cases where a married son predeceases his mother, the mother should have anything more than a lifetime interest in her late son's property.. It is understood that the Kerala Government is contemplating amendment of the provision to alleviate the sufferings inflicted on the wife and children.
At present the only legal option available is to challenge the Constitutional validity of the extant provision.
Having said that, it is inequitable that in cases where a married son predeceases his mother, the mother should have anything more than a lifetime interest in her late son's property.. It is understood that the Kerala Government is contemplating amendment of the provision to alleviate the sufferings inflicted on the wife and children.
At present the only legal option available is to challenge the Constitutional validity of the extant provision.
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Adv. P Venu
Vaikom | 500+ Answers
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