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Raja (NA)     04 April 2014

Expired lease on agriculture land

Hi Experts - I am planning to buy an agricultural land which was leased for 9 years and the lease term is expired now. The lease was registered and show up in the Encumbrance Certificate. Though the lease term is expired, the owner of the land did not contact the lessee to cancel the lease agreement due to personal issues between them. Is it okay to buy the land without the lease being properly cancelled (i.e the cancellation show up in the Encumbrance Certificate)? Or is there any alternative to the cancellation getting recorded?

The land is in the state of Tamilnadu.



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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 April 2014

if a tenant continues to pay rent after a lease expires and the landlord accepts the rent, the lease is automatically renewed. The new lease is for the same length as the old lease and contains the same provisions.

A landlord and a tenant may also agree to extend the tenancy by signing a new lease agreement. The landlord can change the terms of the lease and increase the rent. If the tenant agrees to the new terms, the new lease governs the tenancy.

- See more at: https://realestate.findlaw.com/landlord-tenant-law/ending-a-lease-or-rental-agreement-faqs.html#sthash.kAdytTOd.dpuf

Raja (NA)     05 April 2014

Thanks for the response Mr.Ramachary. In this case, the landlord have not received any rent after the lease expired. Also the lease was signed when the current owner's husband was alive in whose name the property was registered. Since he is no more, the property automatically comes under the control of his wife who is willing to sell it to us (All patta/chitta docs are in wife's name). The lessee who is one of the relation to the owner is not in good terms and hence the owner did not ask for lease cancellation. The land is still uncultivated from the beginning. Is it a must to have a formal lease cancellation in this case and register it or we can go ahead and buy this land only with owners willingness?

Raja (NA)     05 April 2014

Thanks for the response Mr.Ramachary. In this case, the landlord have not received any rent after the lease expired. Also the lease was signed when the current owner's husband was alive in whose name the property was registered. Since he is no more, the property automatically comes under the control of his wife who is willing to sell it to us (All patta/chitta docs are in wife's name). The lessee who is one of the relation to the owner is not in good terms and hence the owner did not ask for lease cancellation. The land is still uncultivated from the beginning. Is it a must to have a formal lease cancellation in this case and register it or we can go ahead and buy this land only with owners willingness?

Raja (NA)     10 April 2014

Any comments on this experts?

Raja (NA)     17 April 2014

Any suggestion would be highly appreciated?


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