LawRato

Can a son rent his deceased father property without informing mother


14-May-2023 (In Property Law)
My deceased father had some shops which he rented to different tenants. In that premises my father had kept one godown non-rented. We r myself, my mother(living with me) & 3 married sisters. I m handling all these rented shops of my father. Whole property possess my father's name. Can I rent out that remaining godown as legal heir of my father as only son ? And I alone do rent agreement of the same ? If I do rent agreement on my own , can my mother & 3 sisters can harass me legally ? What will be the consequences as that godown is accessed by me at present. I use it as a dumping space of my non usage things. Plz reply.
Answers (2)

Answer #1
755 votes
yes. you can use that godown for any purpose but if you transfer any right of it to the other-one by way rent, lease or any other way, you have to take consent of all other heirs including your sister and mother. You can do simple documentation by which you can get exclusive right of that property.
Answer #2
974 votes
That would better you get a probate of the property left by your father from court. That will give you right power to deal anyhow with that property. By this way you will also get fixed your right over the property of your share.

The second, instant but not permanent way is to get consent of your mother and all heirs of your father and get appointed as attorney holder of that property. By this way you would be able to rent away it.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."