Legal Question in Consumer Law in India
Local authority is asking to incorporate following clause in Lease Deed :
The LESSEE shall not be entitled to mortgage,lease or alienate the said Apartment subject to the condition that during the period of five years from the date of execution of this deed he/she shall not so transfer or encumber the said Apratment without prior permission of the Authority.
In case of transfer of flat, the Authority has decided that in order to get the permission for sale of the flat, each transferee will have to pay the fees as service charge @ 50% of the sale price as reflected in the registered sale / Lease deed of the flat.
Question : Whether Permission / service charges to be paid to the authority even after 5 years from the date of execution of the Lease Deed!!
3 Answers from Attorneys
you must check with the authority as the same depends upon authority to authority
going by the clause, you do not have to seek permission after five years so where is scope of payment
as the permission to sell can be obtained after 5 years only, so it is obvious that the money would be paid after 5 years when the lessee intends to sell the flat.
you clarify the point from the authority
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