Registered lease agreement not cancelled
Sandesh
(Querist) 18 November 2024
This query is : Resolved
In the year 2004, my father had given an immovable property for lease to a corporate company and had entered into a registered lease agreement via its representative (mentioned as Constituted Attorney in the agreement) for a period of 5 years.
The leased property was vacated by the company after the expiry of the lease term, however the termination of lease is not registered, nor do we have any communication in regards to the termination.
Now my father has expired and the corporate company is almost defunct.
I am willing to sell the property, but the EC has an entry of this lease indicating representative as the party.
I am unable to find the said representative.
Will the entry in the EC cause any problems to the sale procedure?
T. Kalaiselvan, Advocate
(Expert) 18 November 2024
The lease agreement will stand terminated automatically on expiration of the lease term. You can ignore the reflection of the same in EC.
Advocate Bhartesh goyal
(Expert) 19 November 2024
Since lessee has vacated leased property after expiration of lease period so no any termination agreement required. Reflection of same does not make any effect on transfer ( sell ) of property.
sanjeev murthy desai
(Expert) 19 November 2024
In such circumstances, better you should take a public notice via news paper to declare the cancellation or else convince the purchaser to ignore the such reflected lease.
kavksatyanarayana
(Expert) 23 November 2024
The lease deed was executed by your father and the corporate company (represented by the attorney. So after expiry of the lease period the lessor and the lessee shall execute a Surrender of Lease. As your father expired, all the legal heirs of your father and corporate company (represented by the attorney or authority) shall execute the surrender of lease. Then only it reflects in the EC and after that you can make any transfer of your father's property.
