I was in this situation after our landlord passed in COVID. So, to know my legal rights, I consulted a lawyer and asked him if landlord dies what happens to lease. He said if the owner died, the tenancy stayed till the end of the lease. He informed me of a few more details.
Is a Lease Still Valid If the Landlord Dies?
Yes, as long as the tenant makes the rent payments, the tenancy in India continues normally until the conclusion of the tenure, regardless of the landlord's passing. Moreover, my lawyer also informed me that the lease between the renter and the deceased landlord is subject to a number of conditions. Some of them I have mentioned below:
Case 1- If Deceased Landlord Leaves a Will
The landlord's beneficiaries will become the new owner. They are required to uphold the terms of the lease agreement if the previous landlord had named a legal heir in their will or if the property is inherited by someone in accordance with Indian inheritance rules.
In this case, the renter is free to live in the property until the end of the lease term or until the new landlord chooses to end the lease agreement.
Case 2- If Deceased Landlord Didn’t Leave a Will
The lease could be void if the landlord passed away without leaving a will or if there is disagreement over who should receive the property. In this case, the court or the tenant's legal heirs may request that the tenant leave the property.
We, as tenants, negotiated a new lease agreement with our new landlord after our previous landlord passed away. This included talking about the new lease's terms and conditions, such as the duration and rent amount.
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Authors Of The Question
Landlord Dies What Happens to Lease?
Niyati987
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4 months
2024-07-22T15:50:43+00:00 2024-07-22T15:50:57+00:00Comment
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