Legal Question in Construction Law in India

Hello,

Rahul here from Gujarat.

My question is as below.

We have NA land on name of my brother, my father had built a factory on it and right now the list of directors in that factory/comany includes three person.

Now I want to establish a new plant/factory/company on the remaining open land in the factory premisis. My father and we have made a lease deed on 100 Rs stamp with 11 month agreement but WE HAVE NOT SIGNED AND MENTIONED OTHER TWO DIRECTORS NAME IN THE LEASE DEED AS THEY ARE REMAINING TWO DIRECTORS ONLY, NA land is still on my brother's name and My father is also one of the director in the company which is already there.

Is it eligible that WE HAVE NOT SIGNED OTHER TWO DIRECTORS ON LEASE DEED?

Can one of three directors sign the lease deed to allow work in the remaining NA land in company premisis?

Please reply on my mail id,

Thanks and regards,

Rahul


Asked on 8/27/10, 10:42 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the directors not included in the lease deed, even then, in the capacity of directors of the company, they may allow work in the remaining NA land if the company is the same.

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Answered on 8/27/10, 11:09 am
Vishwa Arya Arya & Co.

in my opinion, since the entire land is in your brother's name, what is the locus standi of the father, be it may as a director or otherwise to sign a lease deed with you.. By the way you have not mentioned in what capacity the company or father is occupying the portion of land in which factor is situated. if there is an agreement between your brother and father, does that agreement allows father to lease out any portion of the factory. In any event, there has to be a board resolution authorising father to enter into a lease agreement for him to sign a lease with other son.

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Answered on 8/29/10, 2:10 am


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