Correction deed
akshay
(Querist) 18 October 2015
This query is : Resolved
sir, my father is running a marriage hall on public utility land which is 6000 sq ft of central excise employee housing society .both parties entered into registered leease deed in 1984 of about 40 years,the leease would be completed in 2023,and it was a perpetual leease deed.BUT in 2010 the area was recalcutated and the area was 8300 sq ft which akhiv patrika and city survey map and department also clarifies and mutted in society name,and in mid 2010 secretary of society entered and correction deed of pu land admesuring 8300 sqftwhich was notary document but later we impound the document .meanwhile in 2013AGM of the society new managing committe was nominated and was not elected.the member of new manging committe pass an order in there agm that the leease should be cancelled and will not be renewed after 2023.questioning the correction deed and possesion of the extra piece of land
my question is 1) whether correction deed was proper or not.
2)whether they can cancelled the leease deed and correction deed.
alexander
(Expert) 19 October 2015
......"the lease should be cancelled and will not be renewed after 2023"
' the two courses of action' seem to invalidate each other.
Rajendra K Goyal
(Expert) 19 October 2015
Challenge the resolution of the AGM on the basis of lease / contradictory, consult local lawyer and show him all the documents.
P. Venu
(Expert) 19 October 2015
No party to a contract, lease included, can unilaterally enforce, cancel or amend the conditions.
akshay
(Querist) 19 October 2015
perpetual leease agrement cannot be cancelled ...a local lawyer said
akshay
(Querist) 19 October 2015
perpetual leease agrement cannot be cancelled ...a local lawyer said
K.S.Srinivas
(Expert) 20 October 2015
Yes. It is true.
Perpetual lease in legal parlance is equivalent to sale and after its execution the lessor looses all his rights over it.
P. Venu
(Expert) 20 October 2015
"Perpetual Lease" Who had constructed the Hall?
Anupam Lahiri
(Expert) 21 October 2015
Once the Lease Deed is executed properly, it would be subject to the conditions f Transfer of Property Act only. From the query it appears that none of the conditions for termination of lease is satisfied. So the Society cannot terminate the lease before 2023.
Second issue, the correction deed. The Correction Deed is a document varying the leasehold rights. In order to be effective, the same has to be registered. It appears that the registration has not been done. So, the correction deed is not valid.
akshay
(Querist) 21 October 2015
to p.venu sir , my father has constructed the hall.all these years property taxes is bear by us and rent was also properly given to the society.
to anupam lahari ....my question is to you sir is that ,1) whether after 2023 leease can be unilaterliy cancel or the society will have to go to court.
2) the correction deed is impounded ,the registration fees is given on that impounding.
Anupam Lahiri
(Expert) 22 October 2015
As per terms of your lease agreement, it is for a fixed term of 40 years. So, the same would come to an end somewhere in 2023. After that the Society is at liberty to extend it or not. However, the matter depends on the terms of the lease deed.
It is not clear as to why the correction deed was impounded by you and registration was made by you when your rights and duties were clearly defined in the original lease deed.
P. Venu
(Expert) 22 October 2015
It appears that your father has much more rights and interests than a lessee. And hence lease, in my opinion, could not be unilaterally terminated even after 2023.
T. Kalaiselvan, Advocate
(Expert) 24 October 2015
A perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976. A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.
Perpetual leases are used for certain properties for rent, the purpose of which can vary from lands being used to build houses or developed for businesses. Any such specific details are included in the contract signed by both parties. One reason why perpetual leases have been used by many is that they benefit all parties in terms of giving both certainty of income to landowners and certainty of tenure to lessees. Perpetual means having no limit. Under a perpetual lease, the lessee always has the right of renewal.
P. Venu
(Expert) 24 October 2015
A perpetual lease, in certain contexts where State is the 'lessor', may amount to a 'cowl' - a grant of conditional occupancy, a custom that is very ancient and dates back to the enactment of Transfer of Property Act. These legal aspects have been taken care of the by the Grants Act.
Incidentally, term 'lease' is far more broad than defined under the TP Act. The definitions under the Indian Stamp Act may profitable referred.
akshay
(Querist) 24 October 2015
to anupam lahari....sir the correction deed was impounded because the area was increased from 6000 to 8700 sq ft.we write many letters to society for getting the document registered but no reply was rwceived .hence we have impounded the document.
