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mihir (abc)     05 June 2011

ownership Flat in a society on leasehold plot

Hi, I have a question regarding flats in cooperative society situated on a plot which is leasehold…
I am looking to buy a flat for myself & have seen flat in old building in mumbai. The society is registered housing society. However, the plot is not owned by the society but is given on lease by an individual. Lease period is 99 years – balance lease period is less than 50 yrs…(One may think this is long enough but considering the HUGE property prices in Mumbai  this appears a limited period)
I will like to know – What happens when the lease period gets over? Are the owners required to vacate the flat?? What kind of payment is required if the lease is to be renewed?? Can the lessor ask for termination of the lease even before the lease period is over?
Does the law anyway protect the flat owners in such case when the landlord does not want to renew the lease??
Request you to kindly reply urgently.
Regards,
 



 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     05 June 2011

The practice of development of society/building on leasehold is quite common and even CIDCO properties are leased  for 60/99 years. The lease will be renewable subject to revision of leaserentals. However, for specific cases, like your one, the terms of the lease is to be looked into. Please produce the lease document to a property law expert or  provide the key terms of the lease.

vasudevan


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