Legal Question in Wills and Trusts in India

can a lease hold property which is not freehold/mutated can be sale/gift/relinquishment deed ?? OR be sold in market

property in new delhi

probated from tis hazari court


Asked on 2/08/13, 9:07 pm

5 Answers from Attorneys

Jayesh Desai Jayesh Desai

Depends on lease terms.

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Answered on 2/08/13, 9:23 pm

dear client....

Need to go through the lease agreement then only better advice can be made... generally lease hold property can not be sold or gifted lease can just be transfered to another person....which is sub lease....

if possible send me the copy ay [email protected]

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Answered on 2/08/13, 9:30 pm
Fca Prashant Chavan Expert Edge LLP

09.02.2013

Dear Sir / Madam,

(Madipur / Paschim Vihar / Sunder Vihar, New Delhi)

If the property is probated by the Court in the name of the beneficiary(ies), they become the absolute owner(s) of the property. If the Owner(s) have thereafter leased out the property, there is no way the lessee is entitled to sell or lease the property to a third party. The lessee is only granted usage rights for the property, in lieu of lease charges that are payable by the lessee to the lessor(s) during the term of the lease; and the possession of the property has to be returned back to the lessor(s) by the lessee on the completion of the lease term.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/09/13, 2:10 am
Sanjay Kalra Sanjay Kalra & Associates

It can be sell/gift etc ..........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/10/13, 11:05 pm


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