• Transfer of land from Indenture of Lease for 999 years of lease to Deed of Conveyance

1> There was a land at West Bengal, Asansol. The land was owned by West Bengal Housing Board.
2> In the year 1989 a part of the land i.e 40 cottahs of land was transferred by Housing Board 
 to Sri Naba Kumar Roy by indenture of lease for 999 years of lease.
3> There was a clause in the deed, which is mentioned below, done by West Bengal Housing Board 
 to Sri Naba Kumar Roy.
 "The plot above 40 (Forty) cottahs can be subdivided / or to be transferred or to be assigned 
 the leasehold interest or part thereof with an intimation to the Board in writing"
4> In the year 1990 out of 40 cottahs of land Sri Naba Kumar Roy transferred 11 cottahs of land
 to Anandamela Co-operative Housing Society Ltd by DEED OF CONVEYANCE.
5> After that Anadamela Co-operative Housing Society construct a building and handed over the 
 flats to its members by DEED OF CONVEYANCE.
6> Now some of members of Housing Society wants to sell their flat. The purchaser of the flat 
 wants to take loan from banks. The lawyers of banks are rejecting to approve the loan saying 
 that it is a wrong transfer as because Indenture of lease cannot be transfer by deed of conveyance. 
 We contacted some lawyers and their opinion is "It is not at all a wrong transfer as 
 because 999 years lease hold property is a freehold property. 
 It can be transferred by deed of conveyance".
7> We are confused whether it is right or wrong transfer from Indenture of lease 
 for 999 years of lease to Deed Of Conveyance. If it is at all wrong transfer then
 what is the way to correct the deed. At present Sri Naba Kumar Roy expired and 
 we don't know where his family is staying at present. Please guide us the right way.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

999-year lease, under historic common law, is an essentially permanent lease of property.

2) indenture of lease cannot be transferred by deed of conveyance

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

The second opinion that it may be treated as free hold property is true and you maymove accordingly.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. as per the principal lease deed the leasehold rights in the land could only be assigned and not sold by a deed of conveyance

2. so what the lessee did was assign his leasehold rights in respect of a portion of the leased land to the society under a deed of conveyance

3. it is settled law that the title of a document does not determine the nature of the rights and obligations of the parties to the document

4. so in the first case the lessee Naba Kumar Roy was not the owner - he was a lessee - so he can only assign his leasehold rights to another person with prior notice to the Lessor Board - so in my opinion the Deed of Conveyance has to be construed as a Deed of Assignment of leasehold rights even though its named and styled as a Deed of Conveyance - this will become clear on reading the document as a whole

5. also I am assuming that the Deed of Conveyance in favour of society is a registered document which is in public domain. I would like to know when was this document executed? It appears that the housing board has not taken objection as yet against this deed of conveyance. So if 12 years have passed since the execution of the deed of conveyance, it will be deemed that the housing board has accepted this deed of conveyance as valid and binding on it

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

Since a lease of 999 years is permanent lease of property therefore the indenture of lease can not be transferred bby means of a conveyance deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. Sri Naba Kumar Roy was not the title holder of the said 40 cottahs of land.

2. He was the lease holder only of the said property for 999 years.

3. He should have conveyed his lease right and sub-leased the said 11 cotahs of land for the balance period of 999 years to the Anandamela Co-operative Housing Society Ltd.

4. It was legally improper on the part of the lease holder to register the deed of conveyance/sale.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1) obtain consent from West Bengal housing board for transfer of leasehold interest in property

2) mention that deceased had worongly executed deed of conveyance in favour of society and that his legal heirs are not traceable

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi,

Since very long time elapsed and matter is beyond the period of limitation, it is not practically possible to correct as per your wish.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. A Rectification Deed can now be tried to be filed by converting the said deed of conveyance to deed of sub-lease.

2. The Registrar might not allow such rectification after 28 years and if allows, further stamp duty might be charged by him for registering the said Rectification Deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

The object of grant of leasehold right in the land belonging to the Government in a long lease for 999 years, as explained by the Government in the report of the Committee and accepted by the Governor, was that the demised land would be granted to the lessee and enjoyed by him, a legal heirs and close relations of the lessee. Thereby, they would remain in possession and enjoyment of the leasehold interest together with the building constructed thereon to make right to residence as engrafted in Article 19(1)(e) of the Constitution a reality and fundamental right. When the Government distributes its material resources, as engrafted in Article 39(b) of the Constitution, the object of the policy is to effectuate the mandate of the Constitution in the Preamble of the Constitution, viz., social Justice and dignity of person with equal status. The lease was in furtherance thereof. But the question is: whether the lessee has a right to transfer in favour of a stranger in terms of the lease and whether it would frustrate the object thereof.

Thus, as per law the deed of conveyance made by the lessee is legally not valid as per the provisions of law governing this situation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In the year 1990 Sri Naba Kumar Roy transferred the 11 cottahs of land from Indenture Of Lease to Anandamela Housing Society by Deed of Conveyance. Is there any way to correct this wrong transfer ?

The deed of conveyance has to be revoked and a fresh registered sub-lease agreement may be entered into.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Get in touch with a local lawyer with entire set of documents and see if things can be managed from the department

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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