Registration of lease hold property and conversion from lease hold to free hold
sanjiv batra
(Querist) 14 June 2017
This query is : Resolved
QUERY NO. 1:
WILL THE SUB REGISTRAR REGISTER A SALE DEED IN RESPECT OF LEASE HOLD RIGHTS OF SELLER OF LEASE HOLD PROPERTY (RESIDENTIAL) IN FAVOUR OF BUYER?
QUERY NO. 2:
WILL THE L & D O OFFICE HAVE ANY OBJECTION FOR CONVERSION OF (RESIDENTIAL) PROPERTY FROM LEASE HOLD TO FREE HOLD APPLIED FOR BY THE BUYER AFTER PURCHASE OF LEASE HOLD RIGHTS?
THANKS & REGARDS
SANJIV BATRA
Hemant Agarwal
(Expert) 14 June 2017
1. A "Sale Deed" can lawfully be executed ONLY by the Title-Owner and the Title-Purchaser.
2. A "Lease Holder", CANNOT in any way, be the "Title-Owner", since he will not be ever having Title-Ownership documents in his favor. Hence it would be gross criminal act (cheating & misrepresentation) to sell a Lease Property. HOWEVER, a "Lease Holder" may Transfer his Lease Rights to another Lease-Holder, subject to the explicit written permission of the Land-Lord.
3. A Lease-Hold property can be converted to Free-Hold, ONLY with the explicit written permission of the Land-Lord.
4. The Registrar of Sub-Assurances, is not liable for ANY illegality /errors /clarifications /misrepresentations in any document presented before him for registration, to the exception of Stamp Duty and Registration charges.
Keep Smiling .... Hemant Agarwal
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Dr J C Vashista
(Expert) 15 June 2017
Complete all documentation and submit the same to L & DO with requisite fees for conversion of lease hold property to free hold property and sell it after it is sanctioned and registered as FREEHOLD.
Before conversion of the property from leasehold to freehold the seller is not the owner/titleholder hence incompetent to Sell, if sold it is illegal and invalid transaction for which seller is liable to indemnify the buyer.
However, sub-Registrar is not at all concerned and sale deed can be registered on concealing the facts.
Guest
(Expert) 15 June 2017
If Lease land is illegally transfered (Sold or made any deed ) then authority which gave land on lease if they have regularizing scheme for illegal transfer they may regularize them with heavy penalty .
For eg. in my state (Certain area) if lease land of Govt is transferred without permission in any form then regularize fee (with different name) comes to about 51% of Cost of land
On the other hand if you want to transfer the lease land and if you take permission from collector and it is granted it can be done with payment of 25% to the collector
While certain arm of Govt which have given land on lease they simply don't have transfer scheme
So this you need to check from local Adv
Kumar Doab
(Expert) 15 June 2017
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