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Is rent agreement valid if the owner of property is dead


12-Jan-2023 (In Property Law)
Dear Sir, I have a 1100 sq feet commercial room which was rented by my father to a businessman.The agreement papers were signed by my father only and the agreement is for 5 years that is till august 2020 . My father died last year due to heart attack.So My question is does the agreement holds any relevance now after my Father's death since I want to sell this property.And I am afraid that the renter might not vacate the room even after my legal notice before 3 months.As they are financially very strong and can easily fight a case with me. Therefore I want to know that can the agreement done by by my dad be considered null and void now and can I sign a separate agreement reducing the time period from 5 years to 2 years being the legal heir after my Father's death as I think this will ease me in selling the said property.Any guidelines sir. Thankx.
Answers (3)

Answer #1
472 votes

In case of a landlord's death, eviction proceedings can still be pursued by their legal heirs, but the process is subject to certain legal procedures and may require proof of the heirs' own need for the property. If a tenant dies, their legal heirs may inherit tenancy rights, but these rights are limited and eviction may be possible after a certain period, or if valid legal grounds exist.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
604 votes
at first you insist due to death of my father i want a new rent agreement thereafter you do every thing but rent agreement seen details i shall be say other wise it is vacate after 5 year i.e. due date
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Advocate Narendra Nath Sen

Adv. Narendra Nath Sen

LawRato Jamshedpur | 25+ Answers
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Answer #3
857 votes
Venerated Sir, I have perused meticulously your grievances and found that you have worried about agreement which was made by your father and also wants to reduce time period or declare null and void of rent agreement. I would like to inform you that basic foundation of the agreement is consideration between the both parties. In your case your father is one party and renter is other party. Agreement happened in between your father and renter and consideration made in between them, ergo, agreement is itself void after the death of your father and it the duty of the renter to make further new agreement with you. Several judgments have come with respect to your grievances in which Court give the direction to renter to make fresh agreement after the death of promisor i.e your father. For more legal assistance call me.
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Advocate Anil Kumar Singh

Adv. Anil Kumar Singh

LawRatoRanchi | 5+ Answers
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