Legal Question in Landlord & Tenant Law in India

land lord's right of selling his own property.

my aunt owned a plot in aurangabad (maharashtra).

she made a lease deed with a trust for 50 years in the year 1987.

the tenents constructed a building on that land.

my aunt also made a will deed in 1995 in which she wrote that after her death the property will be given to me.

She expired in the year 1995.

is the lease deed lapsed as soon as she expired?

can i sell that plot?


Asked on 3/14/09, 2:41 pm

2 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: land lord's right of selling his own property.

No you cant sell the plot directly. You can sell only with the possessory rights of the tenants. Further, lease deed does not expire with the death of the landlord.

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Answered on 3/14/09, 3:12 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: land lord's right of selling his own property.

There are several rights in a property - leasee, tenant, licencee, title, limited ownership, possession etc.

(a) The lease deed will not lapse with the death of the lessor.

(b) You will inherit the same rights in property which were available to the deceased.

(c) The death of your aunt will not weaken or diminish the rights of the leasee in any manner. Their right of possession under the lease deed may not be affected. Therefore, you may not be able to evict them from the property.

(d) You may sell ONLY the available rights if a purchase may be willing to buy.

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Answered on 3/14/09, 5:50 pm


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