1) Permission of lessor is mandatory

2) No sub lease can be created by B without lessor consent

3) After obtaining prior written permission of A agreement can be entered into between B and C for period of 5 years for lease of shed

4) , it should be duly stamped and registered

1) lease deed between lessor and lessee must be containing clause that no third party rights would be created without written consent of lessor

2) letter from lessor that he has no objection to plot being sub leased would suffice

3) unregistered lease agreement would be inadmissible in evidence

4) hence don't go in for notarised agreement

5) sub lease agreement can be registered

1) letter of permission would be required if there is clause that no third party rights can be created without written consent of lessor

2) even in absence of such a clause it is advisable to obtain written consent from lessor

3) however it is not necessary to obtain written consent in absence of such condition in lease deed

A has taken the church land on lease and has sub-leased the same to B.

Now B would like to sub-lease the shed constructed in the property to C.

Well if the original lease agreement between A and the church authorises sub lease and sub sub lease, then the sub sub lease between B and C can be on terms as agreed between them.

If there is no provision or permission for sub-lease then this sub lease or proposed sub sub lease would be invalid and illegal.

1) I hear that a sub- lease aggreement registration between B and C is not possible legally since there is already an agreement between A and B.

Actually if there is an agreement between church and A, then if the provision permits A to sub lease the same B, then the sub sub lease agreement also can be executed.

2) By written permisson of A, you mean just a letter or an aggreement that is not registered ?

Actually it can be termed as sub-letting by the sub lessor.

This is an agreement to sublet real property according to the terms

The sublessor agrees to sublet and the subtenant agrees to take the premises. Both

parties agree to keep, perform and fulfill the promises, conditions and agreements

3) Incase, on a mutual understanding, an aggreement is formed between B and C, and notarized saying the land is taken on sublease therein the shed in the land is also leased for 5 years, would it be legally valid incase of dispute in the future ?

The B being sub lessor, can sub let the shed on an agreement and the C will be the sub tenant.

Therefore you may proceed with the proposed sub tenancy by drawing a sub tenancy agreement deed.

So, ONLY IF there is a clause stating that no third party rights would be created, in the lease deed between A and B, a letter of permission will be required from A.

Else, if such a clause is not mentioned, Lease agreement can be registered between B and C.

The B can enter into a sub-tenancy agreement with C and the C will become sub-tenant or even sub sub lease agreement can be drawn between B and C.