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Arup Bose   28 March 2024

Flats/apartments ownership valid for 99 years

There are many flats under association wherein multiple owners are enjoying ownership of a single unit and common area..

Now, question is that is that ownership freehold or a default leasehold of 99 years are applicable on all flat owners ?

What will happen after 99 years even if the building construction remains intact ??

 

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     29 March 2024

The flat area of a freehold property (proportionate land beneath) is owned by the allottee, which is not in case of a lease hold flat as title (ownership) of the plot is yet to be transferred by lessor in the name of lessee (association in instant case)..

Building on a 99 years leasehold property has a separate but lessor life (may be about 45-50 years) which has to be redeveloped within leased period.

Arup Bose   29 March 2024

The land is freehold and the flat units have been transferred absolutely and forever as mentioned in the conveyance deed..

So, does this mean that there is some hidden 99 year rule or it may de safely assumed that no 99 year rule is applicable in this particular flat ??

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

If the flats are consturcted on the freehold property then there is no question of 99 years lease or anything of that sort.

What is your problem?

Is it an imaginary question or are you having a real problem, if so you can discuss your problem 

Dr. J C Vashista (Advocate )     30 March 2024

Taking a different stand of facts would raise the question of confusion and find it as a fabricated story.


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