• Lease

Can I lease out a flat and/or a structure only without land on leasehold basis in a building constructed within KMC limits of Kolkata on Thika Property myself being the ground rent paying Thika Tenant? If yes, for how many years?
Asked 7 years ago in Property Law
Religion: Muslim

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4 Answers

1) you need landlord consent to lease your rented premises

2) you can lease the flat only . Not necessary to lease land

3) lease agreement can be for period of 5 years

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1.If you're thika tenant then you can lease out the structure.

2.Thika tenant in any event is cosndiered to be the owner of structure only and if that is so then you being the owner of structure can give this on lease.

3. However do take help of an advocate to draft such lease deed.

4. if you register the lease deed then you would require the permission of the Thika Controller.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The government of West Bengal passed the West Bengal Thika Tenancy (Acquisition and Regulation) Amendment Bill, 2010, in the assembly to tighten provisions of the Thika Tenancy Act. The move is aimed at preventing promoters from grabbing thika land.

It was explained that the amendments would help prevent the transfer of thika land or buildings erected on it to anyone but close relatives of the thika tenant concerned. Otherwise, the thika tenant would have to transfer the land and structures on it to the government.

Transfers or agreements of transfer in contravention of the provisions of the amended act would be declared invalid under an order of the controller and the structure would stand forfeited by the state government. The controller could grant licence to the bharatiya' staying in the forfeited structure under prescribed terms and conditions.

Thus it would be better you consult a local lawyer before deciding to sub-let or sub-lease the property under your tenancy.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Since this relates to special laws prevailing in WB I cannot answer this. You must consult a Kolkata based lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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