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mansi (fresher)     23 January 2009

Sale of Leased out property

Dear All,

I need your advice on following issue.

Mrs. Patel, a widow leased out a property for charitable purposes to a builder for a period of 98 years. Builder built a residential building on the property and gave it on rent. One of the tenant is a trust. Funds raised by the Rents of the tenants is used for charitable purposes in the same trust office (Who is one of the tenant).

Mrs. Patel died in 2004 and bequeathed the property to her sons Mr. Ramesh Patel and Mr. Suresh Patel. Both the sons during the subsistance of Lease sold the property to the same Trust. Conveyance deed was also made.

Now the tenants are taking an objection to this sale. Because of this sale their rights are affected. Earlier they had right to redevelop the property without anybody's prior consent. Now they will have to take the consent.

Need your advice.



Learning

 2 Replies

PALNITKAR V.V. (Lawyer)     23 January 2009

If the tenants had been given right to redevelop the property without prior consent of anyone, then that right can not be taken away unilaterally. The sale if any, has to be subject to their rights.

mansi (fresher)     24 January 2009

Hello Mr. Palnitkar,

Thank you for your advise.

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