99 years lease
Amit
(Querist) 07 May 2013
This query is : Resolved
If a 99 year lease expires and neither the party nor the goverment has copies of the original lease.
The collector has put a ban on sale/registration of Leased Property.
The party had sold the land (Agreement for sale) when the ban was not there but when payments were made the ban was inforce. So now unable to register the same. The Lease has expired now
1.Is 99 years Lease = Ownership Rights?
2.Can a building/bunglows be constructed on the land and be sold?
3. If Lease is renewed by 30 years does it change the rights of the party as it had a 99 years lease earlier(given by the british)
4. Can an agreement for transfer of Lease rights be made?
ajay sethi
(Expert) 07 May 2013
1) all lease deeds contain a specific clause that no third party rights can be created without permission of lessor .
2) in your case lease is expired lessee had no powers to sell the property . lessee is not owner of land .
3) no building / bungalows can be constructed and sold without prior permission of lessor
R.K Nanda
(Expert) 07 May 2013
agree with sethi.
Devajyoti Barman
(Expert) 07 May 2013
Leasehold rights can be assigned even without the consent of the lessor.
Kishor Mehta
(Expert) 07 May 2013
With due respect, I opine that Leasehold rights can be assigned only during the subsistence of the Lease period.
Raj Kumar Makkad
(Expert) 07 May 2013
1. No.
2. Not after the expiry of lease period.
3. Pending the validity of the lease, no fresh lease curtailing the period can be executed.
4. No.
