How to modify rent agreement in favour of son on d
I had entered into a rent agreement in favour of a tenant for five years about two years ago. The rent agreement was duly registered. The tenant expired last week. Now, I want to replace the name of the tenant in the rent agreement by his son, name. Can somebody advise how can I do it so that my rent agreement still remians valid. more
Viewed by 197
View all 6 comments Below 6 comments
It is more advisable to OPT new agreement, unless you are 100% confident about the next generation of your tenant - even at additional cost of registration. It will eliminate all ambiguities. Try to avoid - "shall mean and include them, their legal heirs, successors, legal representatives, administrators, nominees and assigns.’ Which may create unwarranted incidents. As the tenant is specific - be specific - in terms of the same. For example, Mr. X is the "assignee" can create problems even without paying any rent to you - under pretext of seeking his right allegedly denied by you. Hence the advice. more
Dec 02
My rent agreement specifies that ‘The expression of the terms Land Lord (First Party) and Tenant (Second Party), wherever they occur in the body of this agreement, shall mean and include them, their legal heirs, successors, legal representatives, administrators, nominees and assigns.’ Hence if the new tenant is to be his son, I think a simple affidavit from the son that he agrees to abide by the terms and conditions given in the already registered rent agreement during the remaining period of land lease should suffice. Do you agree. more
Oct 29
Yes, affidavit in any case will be required to seek permission to amend or renew the rent agreement. And, this has to be done before the authority with whom the rent agreement is registered as a document (memorandum of understanding) between the two parties in negotiation of a business. more
Oct 29
Sir, assuming that property is in Delhi and rent is more than Rs.3500/-, it is not covered under rent control act. Rent agreement is governed by the conditions mutually agreed between the parties. In the absence of any appropriate clause allowing substitution of name of Lessee in the original agreement, any unilateral amendment in the agreed would not be legal. As such, there should be a fresh agreement with the new Lessee. Sir, you being an expert on interpretation of agreements, would be in a much better position to decide. Regards. more
Oct 28
I hope that in the original rent agreement, there was no mention about the death of the tenant. You please serve termination of tenancy agreement on date. Thereafter create a new tenancy agreement. more
Oct 28
For nullifying one tenancy expiring on the death of the original tenant, you may approach the Rent Controller or the City Magistrate for permission to make the necessary changes in the Rent Agreement. I do not think you would be required to hire the services of an advocate for drafting an application for such a permission. more
Oct 28
This is not correct advise. In tenancy agreement or leave licence Agreement, any party to the agreement (giver or taker) expires, the agreement comes to an end. Therefore, you have to do fresh agreement in such a case. more
Oct 28
