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prof s c pratihar (medical practitioner &legal studies)     19 June 2014

Lease hold govt property

Salt lake property  given to public on 999 years lease by govt  of wb.almost 50% of plots transferred to others with huge cost.by way of power of attorney, will & other.4 cottas 750 sr ft by 4.at Acosta of 6 to 8 crores.w b govt land transfer act 1993 was elaborately discussed by hon justice pinaki ch ghosh in a case 2008. The land can not be transferred by power of attorney or by will.few things need be decided----1.can a lasse transfer by another leese deed?when he has no vested right how can he register a subleese deed.there is no clause in the initial agreement.kindly discuss theauthenticity of these legal transection?thanking you in advancedadvanced



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 2 Replies

Dr J C Vashista (Advocate)     20 June 2014

Q 1.Can a lasse transfer by another leese deed?

A. It is the prerogative of lessor and not lessee.

Q 2. When he has no vested right how can he register a subleese deed.there is no clause in the initial agreement.

A. The lessee has a right, claim, interest and possession of the leased property but do not have title (Ownership right). However, the property can be rented out by lessee, if there is a covenant in the original lease deed between lessor W B Govt in your case) and lessee.

Show the document to local lawyeer, seek his/her opinion, guidence and advise..

T. Kalaiselvan, Advocate (Advocate)     23 June 2014

This is a general query by the querist in the interest of general public as well as the scandals  going on this way by cheating government, am I right sir, Mr. Pratihar?  I think, if the corruptible government officials are not responding to the ongoing scandals for taking corrective actions against the erring lessees, a PIL before high court may invoke some response. Stir the revolutions.


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