Transfer of lease
anshu shekhar
(Querist) 04 December 2012
This query is : Resolved
i purchase a lease-hold property by way of sale from a person who purchased it from the person whom goverment has granted the lease for 99 years. now i want to change my name in the lease records of the goverment on the place of the name of the person whom lease was granted 1st by the goverment. is it possible and if yes let me know the process?
Raj Kumar Makkad
(Expert) 04 December 2012
It entirely depends upon the government to change but better to unofficially get the relevant information from the department which had allotted such land to the leaseholder otherwise it may also invite danger to entire lease and govt. may cancel such lease and you may become ultimate sufferer.
anshu shekhar
(Querist) 04 December 2012
sir why danger? can`t a leasehold property transfered by way of sale?
Devajyoti Barman
(Expert) 04 December 2012
Yes leasehold interest can be transferred but the transfer should have been made by deed of assignment, not deed of sale.
anshu shekhar
(Querist) 04 December 2012
devajyoti sir! what would you suggest in my case. i also get registry of my plot on my name but now i want to change my name in the lease records of the goverment on the place of the name of the person whom lease was granted 1st by the goverment. is it possible and if yes let me know the process?
ajay sethi
(Expert) 04 December 2012
please go through the terms and conditions of lease . does it mention taht prior permission is necessary from the govt for transfer of lease hold interest . have you obtained prior permission . if you have acted in violation of terms and conditons of lease govt ca cancel allotment of lease hold plot to the lessee
anshu shekhar
(Querist) 04 December 2012
Ajay sir! as per the terms of lease deed b/w goverment and 1st lease holder states a restriction that the said property can not be tranfered by way of sale or gift withount written permission of government within 10 yers from the date of grant of the lease and this condition is not violated. and sir can sbustitution of name in goverment lease document can be made?
Raj Kumar Makkad
(Expert) 04 December 2012
You should go through the terms and conditions if any in this regard and if the same is available then act accordingly otherwise generally govt. agencies do not oblige any person to insert new terms and conditions in the lease deed which is already going on since a long time as is in your case.
