Legal Question in Real Estate Law in India

is there a provision in law where a tenant of a commercial property of a leasehold property(unlimited years tenancy/pagdi system) can be converted into freehold(ownership) by paying certain stamp duty to the government without the landlords interference an thereby getting the name on index 2 and can mortgage or rent the property, section 32 ab or 32bc of rent act or something,not sure


Asked on 4/12/14, 3:06 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

No, tenant cannot do that. Such a prerogative is of the owner.

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Answered on 4/12/14, 3:52 am
Fca Prashant Chavan Expert Edge LLP

13.04.2014

Dear Sir / Madam,

There is no such provision in law wherein the tenant becomes the Owner of the property by paying Stamp Duty. The Landlord has to actually enter into and register an Agreement for Sale on outright basis with the tenant.

Regards,

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Answered on 4/12/14, 2:05 pm


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