MIDC leasehold rights transfer to blood relative

Deepak Agarwal (Querist) 08 May 2016 This query is : Resolved
We are leasehold right holder for MIDC plot along with my uncle (mothers brother). Now can my uncle transfer his share of leasehold rights in the name of my mother by executing a gift deed. What will be expense towards stamp duty and registration...?

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Guest (Expert) 09 May 2016
1) This process is not proper in my opinion
2) Approach Lessor MIDC (They are governed by Maharashtra Industrial Development Act
3) Lessor permission is required to transfer interest of one Lessee to another
4) Lease Deed is required for analysis
5) Better you approach MIDC office and ask for proper transfer procedure and follow it.
6) They have different rules because they are governed by different Act

P. Venu (Expert) 09 May 2016
Is there any such condition in the lease deed? What is the lease period?

Rajendra K Goyal (Expert) 09 May 2016
Discuss with local lawyer, show him all related documents.

H.M.Patnaik (Expert) 09 May 2016
First of all ,you have to refer to the terms of Lease Deed to find out whether any transfer of right without consent of MIDC is possible, since this seems to be a industrial property governed by MIDC Act and rules? Then , you have to approach the officer in charge Land allotment section of MIDC authority for necessary documentation.

Dr J C Vashista (Expert) 11 May 2016
Show the licence and lease document to a local lawyer for proper advise.

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