Is the heir bound by the agreement of the original owner after his death?

Question

Question: Zayd has rented a two-storey house from ‘Amr for thirty years. The terms of the tenancy are: ‘Amr is to keep collecting from Zayd four rupees a month, which makes an annual rent of forty-eight rupees; the tenancy will be permanent; and ‘Amr will never raise any rent on Zayd, neither himself nor his successor — the heir who takes his place. Then ‘Amr died.

Answer

‘Amr had full authority to dispose of his property: he let it at whatever rent he wished and made whatever agreement he wished. After his death his ownership came to an end and it became the property of the heir. The heir has the option to keep, under the previous tenancy, the previous rent “two rupees” (?)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.