Landlord died - can landlord's daughter evict before legal transfer of property

Question

► Hello, my landlord passed away last month and her daughter messaged me on watsapp that she is giving us 1 month notice to evict as she is the legal heir. Can the daughter do that before the property is legally passed to her? Also, the daughter told she will hold off 50% of my deposit (total deposit was 1.5lac) and will return that later after inspection. There has been no damage to the property, can she hold my deposit for normal wear and tear? If yes, what's a reasonable amount?

Answer 1

Daughter is required to apply for Succession certificate in court and thereafter to get property mutated in her name. She was also required to issue you notice informing death of original landlord and to direct you to make her payment of rent being only legal heir. Unless these formalities are not completed as such no relationship exist between you and daughter. Being tenant you cannot deny to pay rent but as original landlord had died so you can deposit rent in court so as to avoid default.

Landlord died - can landlord's daughter evict before legal transfer of property

1 Answer