Suresh A N (none) 18 September 2010

validity of lease deed on death of lessor

A piece of agricultural land had been leased out in 1995 for a period of 3 years and there is no clause as to the expiry or continuation of the lease after the 3 year period. The lease has been registered and there is an entry in the Encumberance Certificate (EC).

The lessor died in 1998.

Is the lease still valid? What do I need to do to cancel the entry in the EC?

thanks

suresh a.n.

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2 Replies

Bharatkumar (ADVOCATE ) 18 September 2010

First u read What's condition mention in lease deed thereafter how is the legal heirs of the lessor they have enter their name in revenue record.

Deekshitulu.V.S.R (B.Sc, B.L) 19 September 2010

If the lease expires the lessee will not be called as trespasser but a tenant holding over or sufference. Cancellationof a lease shall be done in the presence of the lessee. There cannot be an unilateral concellationof an instrument. Mere cancellation is not enough, you must be in a postion to get possession of the property. The lease is valid for all practicle purposes, and take proceedings in law for possession of the property