Requirement of new contract in case of death of the licensor
04-Aug-2023 (In Civil Law)
My Father passed away recently, leaving behind a property which is rented out . The rent that would come would come on his name (cheque) , since the property transfer in my mothers name will take time can we ask the licensee to giveth cheque in my mothers name since she was a joint account holder. Do we need to make a new contact.. Kindly help.
You can address a letter to tenants / Licensee about abovesaid facts and stating therein that you are in process of transferring property in the name of your mother and accordingly ask him to pay and/ or issue cheque in the name of your mother and issue acknowledment receipt of same from your mother.
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Yes you may request for the rent cheque in the name of mother after submitting Xerox copy of ownership details of your mother to licensee. If agreement is for long period then you have to make amendments in the existing contract
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YOU HAVE LEGAL RIGHT TO ASK A TENANT ABOUT THE FRESH CONTRACT WITH YOUR MOTHER S NAME IN THE PRESENT CITUATION . YOU SHOULD ALSO ASKE HIM TO GIVE CHEQUES IN FEVOER OF YOUR MOTHER S NAME ALSO. IF THE LICENSE FAILED TO DO IT, THEN YOU SHOULD SENT A NOTICE TO HIM BY LAWYER .
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You need to transfer the same into your mother's name ASAP as most of the time in such cases, the licensee takes advantage of the situation and does not vacate the premises even after the agreement expires saying that he/she does not know to whom they should return the possession to. if there is a society, then there is no point changing the agreement as the Society will not give the NOC to your mother to enter into an agreement unless the title is clear. Let the cheques come in your mothers name if the licensee doesnt have problem but dont change the agreement instead transfer the property before the expiry of the agreement.
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