Lessee absconded how to cancel the registered lease deed
kanyaka
(Querist) 01 August 2018
This query is : Open
Hello,
My grand father (Lessor first party) given land on lease in the year 2002 and lease validity is seven years. Lessee (second party) vacated after the lease period and we did not knew that we have to cancel the registered lease deed. so now when we want to apply a bank loan and and asked for EC copy as one of the documents for loan and saw an entry still exists in the EC and now lessee absconded or not will to come and sign before sub register office and also there is a clause mentioned that if the lessee after the lease period did not hand over the property then he has to pay 500rs per day till the time he vacates from the lease expiry date and also one more clause included that the guarantor (third party) has agreed for any losses to the first party by not vacating the land by lessee, then his property can be seized as the second party is not having anything under his name and they are relatives and agreed the terms in the lease.
And now when we contacted the address mentioned at the time of registration he is not available there and also contacted through other source that he is not interested in coming to sub register office for cancellation of lease.
Now my question is can we send a legal notice to the second party and third party about the cancellation and can we have a rights on the third parties land as we can see there is a lease mentioned in the EC stating that the second party did not handed over the land. And also how can we get a loan from the bank. And how to erase the entry in the EC can any one kindly guide us in the matter so that we can take a legal action.
Regards,
Kankaya p
Guest
(Expert) 01 August 2018
Too long query. Contact local advocate.
R.Ramachandran
(Expert) 02 August 2018
There is no such need at all.
Once the lease period is over, you have come into possession of the land. Give an affidavit to this effect, get it attested by an OATH COMMISSIONER. Get the Sub-Registrar's office record updated on that basis. That should be sufficient. Check up with Sub-Registrar's office also.
kanyaka
(Querist) 02 August 2018
@Ramachandra,
Sir thank you for your reply I did not understood the exact meaning of OATH COMMISSIONER. And could you kindly guide us which Govt Department we have to contact to get an attested affidavit for Guntur City (Andhra Pradesh).
Regards,
Kanyaka P
R.Ramachandran
(Expert) 02 August 2018
Oath Commissioners will be sitting in the Court premises.
Before that, as I already told you, please consult the Sub-registrar's office about the procedure indicated by me, and confirm from them.
kanyaka
(Querist) 02 August 2018
@Ramachandran Sir,
Thank you for your prompt response I will ask the procedure and get back to you.
Regards,
Kanyaka P
