• Wakf property lease renewal

Regarding Renewal of lease (land) of the present lease holder paying lease rent regularly where lease rent is less than Rs1000 . A) Is there any judgement for dispute arising between Wakf board and Present lesse for fixing of lease rent to be paid ? OR B ) Any case pending for the judgement regarding renewal of lease of the present lease holder?
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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6 Answers

What kind of dispute.

Reserve price is 2.5 % square feet for commercial purpose of the market value otherwise 2 % and highest bidder granted the lease.

Is there any automatic renewal clause in the lease deed.

OR Board not renewing the lease ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Rule 6 provides that competitive bids would be invited in all cases where lease rent is more than one thousand and lease should’ve given to highest bidder .

2) preference would be given for present lease holder if he matches bid of the highest bidder

3) in your case competitive bids are not necessary as lease rent is less than Rs 1000

4) in case of dispute wakf board can invite competitive bids

5) you can match the highest bidder

6) unable to find any judgments

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

2013 SCC OnLine Gau 35, (2013) 124 AIC 540 : (2013) 2 CCC 622

Ali Mia and Umrunnessa Wakf Estate represented by the Mutawali Abdul Hannan Choudhury, S/o Lt. Abdul Jabbar Choudhury, of village-Sunduara, PO-Kalain, Dist.-Cachar .…. Appellant/Defendant

versus

Abdus Salam Choudhury, S/o Lt. Abdul Jabbar Choudhury, of village-Sunduara, PO-Kalain Dist.-Cachar .…. Respondent/Plaintiff

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

There are lot of cases decided on the basis of your query.

You should post your problem instead of asking for judgments.

There are various judgments through out the country on wakf board properties matter decided every day

You discuss yor problem you will get proper opinion and suggestions to handle the problems faced by you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1) it would not have retrospective effect

2) new lease rules will be applicable when your lease comes for renewal

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The new rules shall come into effect from the date of its promulgation in the gazette.

There is no retrospective effect to this.

2. The Board shall, while renewing the lease, give preference to the present lessee if such lessee participates in the bid and matches the highest bid.

3. What do you want to ask, the aggrieved party if any can approach court, his rights are not infringed.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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