Re: Legal opinion regarding release of credit balance of monthly rent of the bank premises to one of the legal heirs of the deceased landlord, Mr. x
………………. dated 12 March 2007 on the above subject.
From perusal of your letter and other documents it is apparent that Mr. x, land lord of the bank premises died on 01 July 2004. He left a number of heirs. Many of them are residing in abroad. Mr. y is one of the heirs is appointed attorney by other heirs to act on their behalf. Accordingly, Mr. y came forward to the bank and claimed the outstanding and future rents until the execution of further agreement with the bank.
In these circumstances, you require our legal opinion regarding release of credit balance of monthly rent of the bank premises to one of the legal heirs of the deceased landlord, Mr. x
At the death of Mr. x, the right to claim performance of the rent agreement with the bank rests with the heirs of the deceased as per section 45 of the Contract Act, 1872. Before releasing any credit amount to the heirs or their representatives, the Bank should obtain the succession certificate from the heirs issued by the Court in order to avoid any adverse claim from any heir. Thereafter, the bank can release the outstanding balance of rents and future rents to the Attorney appointed by all heirs of deceased Mr. x.
If you have any further inquiries please do not hesitate to contact us.
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