About 22 years ago a housing plot was leased to me by a housing society in Pune, Maharashtra. (of which I was a member) by a lease deed for 999 years. I built a house in that plot about 20 years ago.
About 10 months ago, I registered a Gift deed in favour of my son transferring to him the house and the leased plot of land.
The Chairman of the Housing soviety believes that the transfer of the rights and title to the property to my son can not be effected merely by the Gift deed. This can be done only by the simultaneous execution of
(1) a Release deed signed by me releasing the leased property back to the Society and
(2) a new Lease deedsigned by the society in favour of my son, for the reminder of the duration of the original lease.
The Chairman and members of the governing body of the housing society are mostly retired Govt servants without formal qualification or training in law. In their words "we do not want to do anything contray to law."
My question is: Does my son need a fresh lease deed signed by the society to have rights over the housing plot of land originally leased to me?
Does not Gift deed automatically transfer the above rights to him?
I would be grateful for a considered legal opinion on the above.
