99 years lease
Tanaaz shaik
(Querist) 22 May 2014
This query is : Resolved
Dear Experts,
Please advise that there is a property of government in Goa, approx 8000 sqmtrs and which was leased for an education institution for 99 years and there was a lease deed between them since 1999. now as per the clause in the said deed was that, if the institute does'nt utilised the land for constructing or establishing the institute, within 5 years, the govt can revoke the same if required. since 1999 there is no development at all on the said land.
now my question is 1. even if govt revoke the lease is it possible for the institute to re enter the deed for the same? and under what provision the the government can allow to build the institute? please advise. thanks.
Devajyoti Barman
(Expert) 22 May 2014
who are you?
You regularly post queries of different topics here.
Rajendra K Goyal
(Expert) 23 May 2014
Author reply the question raised by the expert.
P. Venu
(Expert) 23 May 2014
What is leased out? Land or land with property?
Tanaaz shaik
(Querist) 23 May 2014
Dear Barman Sir,
i am a law grad, friends and some people in my neighborhood normally raised their queries or ask me about any legal point. so i just share with you to get experts answer so i can also update my knowledge about the same. i really appreciate your feedback as it boost my interest and also to talk to people and exchange the ideas. thanks.
@ Venu Sir,
This is a govt land actually. thanks.
T. Kalaiselvan, Advocate
(Expert) 24 May 2014
So to update your academic knowledge you are using this portal as a tutorial class? Instead of wasting the time of experts by academic query, you may visit the concerned law books or web sites to refresh/update your academic knowledge.
P. Venu
(Expert) 25 May 2014
From the facts stated, the lease in question is not a lease as defined under the Transfer of property Act, but a kowl i.e. an assignment with the conditions attached.
The Government's right to revoke depends upon the terms of the kowl as well the extent to which the land has been appropriated for the assigned purpose.
