bomneedhelp77 (owner) 24 October 2010

Redevelopment rights of lessee when lessor dies intestate

I am a lessor ( not a registered society) on leased land that was leased for 99 years. There are still 50 years left on the lease. However for the past 25 years the lease rent has not been paid as the lessor and his successors are not traceable. In this situation can the lessees themselves pursue redvelopment ? I understand that in the normal case the conveyance deed has to be executed by the lessor/landlord . However in this case how can we proceed ? Can the lessees claim ownership through adverse posession or get the title transferrred by tahsildar. ?

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 24 October 2010

You cannot claim the adverse possession thru., Tahasildar. Cause of action starts when the owner denies the adverse possession.

bomneedhelp77 (owner) 25 October 2010

Based on my lease agreement. It is lessee's responsibility to maintain property in tenantable condition. Can the lessee's themselves then execute redevelopment agreement ? Is conveyance or sale deed mandatory ?

Also I am not sure I understand you - are you saying that lessee's must first claim ownership then lessor will have to dispute it, then the adverse posession case will start ?

R.Ranganathan (Advocate) 25 October 2010

In the case of lease of 99 years, lessor cannot be alive for such a long period, so there will be some clause on the demise of the lessor. So provide us with the copy of the lease to give a proper reply.