Save Rs 499. Go Ad-Free with CAclubindia Pro for 2 Full Years. Subscribe Now!

Heir property for lease

Agreement deeds 912 views 1 replies

sarav

24 Points Posted on 03 August 2011

Hi,

We are looking house for lease, not for rent. Owner said that house is their heir property. He said his father is no more, I mean died. I heard that he have sibblings. He said that he is taking care this house. Already he rent out ground floor houses to bachelors. Now they are constructing first floor. They need money to finish the construction of the first floor. So they want to lease out the to be constructed property and need 2 months time to ready for occupy. Now, am in my own house which is small. So am planning to move to this house. I can wait till construction over.

My questions are,

Is he have rights to lease out the property?
Will this lead to any legal problem in future for us?
Is his sibbling will take any legal action?
Will I get my money back, if any problem.
Suppose he want 1lakh as advance, How to proceed?

Thank in advance,
Sarav

Replies (1)

Siddhartha Kulkarni

Legal Advisor

21 Points Posted on 04 August 2011

1.Is he have rights to lease out the property?
Ans: NO. As the property is ancestreal one and belongs to the joint family property, the manager of the property has no right to sale or lease the same without the express consent of the other co owners.

2.Will this lead to any legal problem in future for us?

Ans: Of course. If anyof the co owner may filed the suit ofor the partition of the joint property, you may be party to such suit.

3.Is his sibbling will take any legal action?
Ans: Same as above

4.Will I get my money back, if any problem.
Ans: Why not but it is subject to the decision of the suit if filed and upto some extent the will of the owner.

5.Suppose he want 1lakh as advance, How to proceed?
Ans. Enter into the lease deed with the clause for the adjustmant of dues against the rent whenever you want to evacuate the rented premises.