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Pradeep Agarwal   02 February 2018

Compensation for leasehod surrender

My client has a property on lease from the state govt and is no longer in need of it. The lease for of 99 years and a residual period of 45 years is left. He wants to know if he is entitled to any compensation or buyback from the govt if he surrenders part or all of the land back to the state? What would be the process if he is able to get some compensation? Is it directly trough Land departments or does he have to resort to litigation against the state?

His rent, taxes and duties are paid up and up to date.



Learning

 7 Replies

Adv Akhtar Ali Sheikh (Property Law Consultant)     03 February 2018

You can reconvey to the govt. but it would not give any money. You can assign it to any body with the permission of Ctso.

Pradeep Agarwal   03 February 2018

Ramesh Singh

If you are unable to offer constructive advice, dont reply. You are not doing a favour by posting a response. You are only showing your own stupidity by not asking for more information nor advising a course of action. It is unfortunate you are a part of this forum.

Pradeep Agarwal   03 February 2018

Originally posted by : Adv Akhtar Ali Sheikh
You can reconvey to the govt. but it would not give any money.
You can assign it to any body with the permission of Ctso.

Client is an NRI. He is a director in the company that held the land but his family is closing the company and he has no next of kin to hand it over to. He just wants to make some money and leave as he is due to become a foreign national soon. He had tried company sale but buyers are not interested as there are old litigations in the company. He wants to surrender the land if it gets him some money and then leave the company in liquidation. He has no personal liability in these litigations. Father who took care of the business is no more. 

Adv Akhtar Ali Sheikh (Property Law Consultant)     04 February 2018

In my reply earlier I have inadvertently mentioned Ctso instead of government. Earlier you have said your client has a lease from government now you are saying the company has the Lease, if it is so you need to provide a copy of the lease deed and further your client cannot deal with the property because it might be already attached by the liquidator and or creditors along with the leasehold rights subject to lease agreement.

Adv Akhtar Ali Sheikh (Property Law Consultant)     04 February 2018

In my reply earlier I have inadvertently mentioned Ctso instead of government. Earlier you have said your client has a lease from government now you are saying the company has the Lease, if it is so you need to provide a copy of the lease deed and further your client cannot deal with the property because it might be already attached by the liquidator and or creditors along with the leasehold rights subject to lease agreement.

Adv Akhtar Ali Sheikh (Property Law Consultant)     04 February 2018

In my reply earlier I have inadvertently mentioned Ctso instead of government. Earlier you have said your client has a lease from government now you are saying the company has the Lease, if it is so you need to provide a copy of the lease deed and further your client cannot deal with the property because it might be already attached by the liquidator and or creditors along with the leasehold rights subject to lease agreement.

Adv Akhtar Ali Sheikh (Property Law Consultant)     04 February 2018

Very sorry for repeated postings-

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