Can mother ask for her share in rent separately from tenant?

After my father's death (no will), we four legal heirs (3 sons and a mother) agreed on a rent settlement with the tenant to provide the full rent to the eldest son and that he would deposit 3/4th share of the money into our mother's account.

After some family dispute, my mother approached the tenant to send the 3/4th share to her separately, which the tenant agreed on but with a consent letter of all 4 legal heirs. The eldest brother did not agree to it and is not giving consent to the new settlement.

According to the law, can the mother demand 3/4th share of the rent from the tenant? Can the tenant demand consent of all legal heirs, as it will not be possible. Please advice.

Answers (1)

373 votes

First of all, we suggest you to apply for a legal heir certificate. A legal heir certificate is issued by the government for various purposes like to establish a relationship with the deceased and also, to establish an ownership. 

Thereafter, you will have to execute a fresh rent agreement, which will be in the name of the four legal heir as specified in the Legal heir certificate. 

The rent agreement then should specify that the rent will be divided 1/4th. This implies that you will have to specify that consideration will be made in the following manner in favor of the following person vide cheque.

Yes, your mother can claim her share, but in a proper manner which has been mentioned aforesaid.

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