Validation Of Flat Rental Agreement With Existing Tenant Dated 1985 After Death | Vkeel - Free Legal Advice

Nayan

Kolkata

My father had rent out 780 sq.ft. 2bhk 1st floor to a family on 1985 with 5% yearly increase in monthly rent. The flat is in prime locality at Kolkata metro city and present monthly rent is rs.1450/-. Tenant family is same since 1985 but my father has died on Sep, 2020 and he has made a will and has transfered this flat in mine. now I can not issue rs1450/- rent receipt in my father name as the agreement between flat owner and tenant has not been changed. If I am refuse the rent tenant will send the rent by money order to my late father's name that also I can't accept. in this scenario, I request for law guideline. Can we send a notice to the tenant for a new agreement with myself with a fair and updated valuation of the current rent for the same property? Looking towards for your sincere help and guidance. Regards.

Expert's Answers(2)

xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir, You have to immediately get issue a legal notice under Section 106 of Transfer of Property Act if necessary approach Civil Court for getting vacant premises. Please give me rank after viewing my details. Please call me for further assistance.

November 28, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

First of all get the property transferred to your name with the Civic Authorities and then send a detailed legal notice to the tenant asking him to pay the rent to you in future being Owner and Landlord of the property Under Tenancy. And thereafter create a new Tenancy document/Rent Deed with the Tenant. It will smoothen your way with the process and will remove the hindersnces. Pleasegive me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

November 27, 2020