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Anuj (Director)     11 September 2013

Agreement to sell for lease hold property

I have a leasehold property (i.e not a freehold title) which was bought over by my mother from my Aunt in 2009. And we had executed the document Title ' Agreement to Sell'

With new ruling by the High Court, in conjunction to what Supreme Court had written about  'BAN ON SALE OF IMMOVABLE PROPERTY VIA SA/GPA/SPA, media had floated information that ban has been lifted and we can now register Sale Agreements or GPA's/SPA's

I went to the Sub Reg office today and was denied to proceed, as this was a leasehold property and Sale Agreement cannot be registered. We had paid the stamp duty in 2009 (as per circle rate) and now would like to sell the same by paying relevant duties. 

Solicitors/Document Specialist  in the local area had denied to support in the matter, hence brokers are de-valuating  the property.

Anuj

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 2 Replies

SAI KIRAN R (ADVOCATE)     11 September 2013

There is no ban on registration of Sale Agreements OR GPA.. However you cannot out-rightly sell or buy by such documents. If you are LESSOR you cannot be called as OWNER of the property. So please approach the registration office with proper documentation.

1 Like

Kishor Mehta (CEO)     11 September 2013

Sir,

The RIGHTS under the  Lease of a Lessees can be ASSIGNED and not SOLD.

Good Luck.

Kishor Mehta

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