Sale of a part of a Leasehold Shop
Anjali Arya
(Querist) 10 March 2010
This query is : Resolved
I have a leasehold MCD shop.
I want to sale half of its portion to a third party through Registered Sale Deed.
But MCD is not giving permission to
sub-divide the shop and sale out its portion.
1. Whether subdivision of a Leasehold shop is permissible ?
2. Which law is applicable in this case ?
A V Vishal
(Expert) 10 March 2010
Sub letting is subject to the terms of lease between the lessor and the lessee.
Legal Eagle
(Expert) 10 March 2010
You can sub let the premises and not sell the premises.
As per the information furnished you are a lessee and not the owner.You can sub let the premises.
Please clarify whether you want to sell a part of the premise or sub let.
Raj Kumar Makkad
(Expert) 10 March 2010
Until the property become free-hold, you cannot legally sale it through registered sale-deed but can do this by way of confirmed unrevocable GPA in favour of buyer as generally is done in Delhi.
Parveen Kr. Aggarwal
(Expert) 10 March 2010
One cannot transfer what one does not have. A lessee does not have ownership rights so there arise no question of sale of any portion of the shop. A lessee can at the most sub-lease any portion of the leasehold shop provided he has permission (i) to further lease (sub-let) in favour of third party, and (ii) for sub-division or fragmentation of the shop.
The relations of the parties shall be governed by the terms of the lease deed.
Kumar Thadhani
(Expert) 11 March 2010
I do agree with expert MR Parveen.