Assignment of Leasehold Land

Gerald (Querist) 24 April 2011 This query is : Resolved
The lessees of a leasehold property want to sell (assign) a plot of land to a buyer. The buyer is not particular about obtaining the consent or "No Objection" from the LESSOR. Under the circumstances, is it still necessary for the Lessees/Vendors to obtain the consent of the Lessor to the assignment before it is effected?
What will be the effect of failure to obtain such consent? Will it invalidate the assignment or weaken it in any way?
Are there any grounds for the Lessor/owner to file a suit against the assignment? If so, against whom will the suit lie: the Buyer or the Lessees/Vendors?

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M V Gupta (Expert) 25 April 2011
Pl check the terms of the lease deed and find out if the lessee is given freedom to assign the lease hold right to third parties. Generally lease deeds provide a condition that the lessee shall not mortgage, sublease or assign his rights without the consent of the Lessor. Hence, look into the conditions of the lease deed before taking any action.