SARAN82 RUTWIK (DSFDSFDSF) 07 August 2022

Lease hold property

Mere Husband ko Bihar State Housing Board se Land LEASE par land alot hui thi in 1982.

Recently in 2022 I came to Know some part of the Land has been gifted by my Husband to someone else. Now the Donee wants to sell that portion of the land. I want to stop him from doing this.

I want to know-

1) Leased Property ka GIFT ho sakta hai kya?

2) Who is The Owner of Leased Property either the Lessor or the Lesse?

3) Is it possible to cancel the gift?

4) Is it possible to stop Any Transfer of the property in future.

Thanks in advance

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4 Replies

Dr J C Vashista (Advocate) 07 August 2022

@ Saran,

Question-wise my opinion and advise is as under:

Q 1.Leased Property ka GIFT ho sakta hai kya?

A. Nahin.

Q 2) Who is The Owner of Leased Property either the Lessor or the Lesse?

A. You have already answered your own query, it is Lessor i.e., Bihar State Housing Board is the owner in this case.

Q 3) Is it possible to cancel the gift?

A. The gift could not have been registered , however, it can be declared as illegal, invalid and "null and void" by competent authority/ court of jurisdiction.

Q 4) Is it possible to stop Any Transfer of the property in future.

A. Yes, it can be restrained for further transfer of the property. Consult and engage a local prudent lawyer for professional advise and necessary proceeding.

Disclaimer: This is purely personal opinion / advise.

Best wishes

Dr. (Maj) J C Vashista,

Advocate

Supreme Court of India