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Querist : Anonymous (Querist) 14 September 2011 This query is : Resolved
whether a lease holder for 99 years can further execute a sale deed thre is a clause in the lease deed itself for transfer,mortgage,construction etc for that particular property.whether this type of clause in the lease deed is authentic ?

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Devajyoti Barman (Expert) 15 September 2011
What is the clause?
The lessee can transfer the leasehold property.

prabhakar singh (Expert) 15 September 2011
Title acquired by leases can not be passed as a sale but only as a lease,for a transferer can not pass can not pass any better right,title or interest than one he has. The type of clause you mention are usually found in the lease deed of long life and as lease life is 99 years ,the same is authentic .

Chanchal Nag Chowdhury (Expert) 15 September 2011
This is what is known as a perpetual lease.
It can be transferred by way of a lease for the balance period.

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