Extension of lease
Guttu Mody
(Querist) 08 March 2017
This query is : Resolved
Took a plot on sub-lease(registered) in 1985 for 35 years, ending in 2020 with a clear clause of further extension of another 10 years.The Sub-Lessor had also a registered lease in his name till 2020 with extension clause of another 10 years upto 2030, but I do not know whether he has obtained/granted extension for anothet 10 years ,upto 2030 by his Landlord. In my Registerd sub-lease deed there is no mention about subject to clause towards his obtaing/being granted extension by his land lord.Only sub-lease for 35 years and further extension of 10 years upto 2030 is mentioned.My Sub-Lessor do not come forward with any clear cut answer. My Query:
01 What should I do now to ask/seek another extension of 10 years from 2020 till 2030 now?
02 Can I apply to my land lord now for extension or can I only ask him for such extension in 2020 only?
03.Can my landlord deny me another extension for 10 years till 2030 saying that he has not been granted extension by his original landlord(if the case such be)?
There is no default in any manner by my side....
rajeev sharma
(Expert) 09 March 2017
Your landlord has a right of enjoying the prop till 2020.If his lease comes to an end in2020 he will not have any right to sub lease the property beyond that time. The clause regarding extending lease may only be exercised with mutual consent of your land lord and the person who granted him lease.
Guttu Mody
(Querist) 16 March 2017
sir, my landlord has executed registered lease deed with me for initial 35 years and with further option of extension for another 10 oears. My first lease expires in Oct-2020.There is no clause or condition in my lease deed that my lease shall be extended only upon extension of lease of my landlord by his principal Lessor.I am not aware about about my landlord"s lease already extended or applied for extension or granted/refused as my landlord id tightlipped and I have no contact with his landlord. So what is my position stands? Am I entitled to make an application to my landlor now or in Oct-2020 for another extension for 10 years? Since 2020 is approaching, I have to plan my future. Please guide...
Guttu Mody
(Querist) 17 March 2017
Sir(s)...Please opine
