12 Answers

Perpetual lease means a permanent lease and not a 99 year lease.

There must be no time period defined in the lease of of 1919.

1) One should have checked with the property that it's on lease or without lease.

as per lease deed it was granted only for garden . corporation can refuse to grant permission for carrying on construction as lease was only for garden purposes

Provision in law that buyer beware. Principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made. Sale is not valid but as a lessee, permission cannot be denied.

Perpetual lease is a regular lease except for one aspect - the right of renewal rests with lessee( the individual who has taken the lease) and not with the lessor.

it is necessary to peruse lease deed to advise

2) for sale of lease hold interest in property consent of lessor is necessary

Leasehold Property cannot be sold . Only Freehold Propert can be sold.However if the Lease so provides & allows , only then , can Leasehold Property be sub-leased with the Prior written consent of the Lessor and after fulfilling the terms & conditions as laid down in the Lease.

The tenure of the lease can be found in lease deed itself

Also in absence of any restriction in lease deed, the leasehold rights can be assigned to subsequent lesses

But in no event can a lessee sell the land because he is not owner

Only lessor can sell the land

If lease deed is registered then it is deemed to be within knowledge of all the buyers

1. IF the Land Owner has sold the Land, THEN the "lease deed" has lapsed and will become infructuous. IT would be a criminal offence to sell Lease Land, without the original Land-Lord being a confirming party in the sale-deed.

2. However, proper registered POA can be taken from the Land Lord, for municipal requirements for granting building permission.

Keep Smiling . Hemant Agarwal

How can a lessee sell the property.only the owner can sell the same.

perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976. A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

Perpetual leases are issued for a specific purpose (e.g. agricultural or commercial). The lease must only be used for the purpose for which it was originally issued. The issue of a lease does not automatically imply it can be used for the purpose issued (i.e. other authorities' approval may be required).

A perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976. A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

The development authority of a particular area provides land development rights to developers and sells properties for a lease of 99 years. This means that anyone who purchases a residential or commercial property will own it only for a period of 99 years, after which the ownership is given back to the landowner.

Property can be defined as something tangible or intangible to which its owner has legal title. Lease therefore can be of a movable or an immovable property. Lease is specie of transfer of immovable property under the Transfer of Property Act 1882.

You cannot sell Leasehold Property. Only Freehold Property can be sold. However if the Lease so provides & allows , only then , can Leasehold Property be sub-leased with the Prior written consent of the Lessor and after fulfilling the terms & conditions as laid down in the Lease.

You cannot sell Leasehold Property. Only Freehold Property can be sold. However if the Lease so provides & allows , only then , can Leasehold Property be sub-leased with the Prior written consent of the Lessor and after fulfilling the terms & conditions as laid down in the Lease.