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shashi (manager)     25 January 2015

Kiadb new lease rules

2 Acres of  industrial land was sanctioned to a prominent businessman, Mr. X , for a ITI college from karnataka Industrial Area Development Board at a very discounted rates. Since he was not interested in that land, we did pay for all the proceedings and later the land was registered, in 2010, in his name as " Lease cum Sale deed". Our verbal agreement was to get the land transferred to our name once he gets " Absolute Sale deed". 

 

Recently, in July 2014, Govt of Karnataka has decided not to handover land parcels to industries. Instead land will be offered on lease for 30 years.

 

My question here is,

 

1. Is this new rule applicable for all the earlier leased lands also.

2. IF NOT - can a " Absolute sale deed"  be executed? After that can it be transferred to us?

3. IF THE NEW RULE IS APPLICABLE - How can we secure the property from Mr. X

Please help me here.

 

 



Learning

 3 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

 

1.Is this new rule applicable for all the earlier leased lands also.

A. If decision is for restrospective transaction then yes. If prospectively  then No

 

2. IF NOT - can a " Absolute sale deed"  be executed? After that can it be transferred to us?

A.  Yes, provide you pay lease-rent decided till subsistance of lease-deed period.

 

3. IF THE NEW RULE IS APPLICABLE - How can we secure the property from Mr. X

B. Execute the conveyance subject to payment of  lease-rent period. Once lease period is over approach Govt. for the same.

 

Please help me here.

 

 

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

 

1.Is this new rule applicable for all the earlier leased lands also.

A. If decision is for restrospective transaction then yes. If prospectively  then No

 

2. IF NOT - can a " Absolute sale deed"  be executed? After that can it be transferred to us?

A.  Yes, provide you pay lease-rent decided till subsistance of lease-deed period.

 

3. IF THE NEW RULE IS APPLICABLE - How can we secure the property from Mr. X

A. Execute the conveyance subject to payment of  lease-rent period. Once lease period is over approach Govt. for the same.

 

Please help me here.

 

 

T. Kalaiselvan, Advocate (Advocate)     28 January 2015

You may show the papers to a local lawyer who is conversant in the local land or property laws and proceed as per his opinion.


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