• Perpetual lease deed

Dear sir, i have perpetual lease deed (1942) .there is no time mentioned in lease deed and also not mention transferable right . but in thise case in 1986 my grand father resister a new sale deed in favour of my father
at the i need to mortgage new deed from bank but the bank said there is no transferable right mention in mother deed . so kinlly help me
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

It is necessary to peruse lease deed to advice

2) for creating any third party rights consent of lessor is necessary

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Hello,

As it was given by your grandfather to your father on lease , the ownership of the title is not absolute but you can claim the same under the law of inheritence and if you can get letters of succession you can get the absolute right .

Hope this helps.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Hi, you can obtain a succession certificate from court ..The court shall grant a decree in your favour,and you can get the property transfered on your name..For further doubts you can contact me..Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

I advice you to first go to the SDM of the area where the property is situated and get the details of the property in the same regard as whether it has been transferred or not.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It was held by a judgment of Delhi High Court, Justice Manmohan Singh said that absence of a specified period in the lease deed cannot be construed as 'perpetual' (permanent) tenancy.

Firstly you need to engage a lawyer and read the terms of the lease deed of 1942. If the reading of the terms and clauses reads that the lease is perpetual and there is transferable rights mentioned in them, then you can tell the bank so.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

If there is no transferable right mentioning the original deed, then the bank is right in demanding the same.

For other issues if you silence as beneficial to you for example you hav mentioned that there is no stipulate time period for this lease deed, therefore the absence cannot taken as granted to this situation too.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are suggested to get the lease deed transferred on your name or the name of your mother. Then you may proceed for mortgage.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can't alter that deed as for the same both the parties consent and presence is needed.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Get POA from father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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