• Purchasing a land

Hello I'am purchasing a land in that 1/20th a part petrol bunk is established and it is given to lease for almost 30 years and 12 years is completed my questions before purchasing are

1. Do the present owner has to given notice to the HP Petrol company about selling the property
2. Do I have to transfer the lease on my name when registering the land
3. I think they are paying the rent very less when compared the price of land I'am buying the bunk occupied a space of 13,225 square meters and I'am paying a value of 2600rs per square yard so the total value of the petrol bunk land is 38.20 LAKHS If you calculate the monthly interest as 1 rupee I must get 38,000 rs but they are paying a rent of 8950 rs
4. I don't want to cancel the lease but i need the rent price to be raised Can I do that ?
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1. Yes the owner has to inform if the property is under lease.

2. Yes lease for rest of period has to be transferred in your name .

3. Sir since the lease is on agreed terms either you modify it with permission of pump owner of in case they donot agree since lease if for 30 years there shall be problem in sale of same portion.

4. Sir for that it need to be negotiated rent can be only increase and the owner shall only increase in terms of the lease deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. yes

2. Yes, a property which has been leased can not be sub leased, therefore the lease has to be transferred to your name.

3. Rent price can only be increased as per the terms of the lease agreement; change in the owner does not mean that you can change the term of the lease agreement unilaterally.

I would advise you to consult an advocate after presenting all the required documents.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

NO, change of ownership has nothing to do with lease holder except substitution of lessor.

Yes, not mandatory but advisable.

You can`t do any thing, rent payable acc. to lease deed executed by previous owner except company execute fresh agreement with you.

You can ask, depends on company, no legal remedy.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

You have to inform the lessee that you have purchased lease hold interest in property

2) to pay lease rentals in your name

3) these must be clause in lease deed regarding sale of leasehold interest

4) you woukd be entitled to increase in rentals as per terms of lease deed

5) lease deed can be terminated on grounds mentioned in lease deed

Ajay Sethi
Advocate, Mumbai
99842 Answers
8148 Consultations

1) One need to check the lease agreement and its terms & conditions. an cancellation procedure plus transfer of ownership procedure.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear client

You have to inform the lessee that you have purchased lease hold interest in property

2) to pay lease rentals in your name

3) these must be clause in lease deed regarding sale of leasehold interest

4) you woukd be entitled to increase in rentals as per terms of lease deed

5) lease deed can be terminated on grounds mentioned in lease deed

Koushalya Pattan
Advocate, Bangalore
174 Answers

Yes the owner has to inform if the property is under lease.

a property which has been leased can not be sub leased, therefore the lease has to be transferred to your name.

Rent price can only be increased as per the terms of the lease agreement; change in the owner does not mean that you can change the term of the lease agreement

negotiation between both the parties can only increase the rent in terms of the lease deed.

advise you to consult an advocate with required documents.

Dimple Jain
Advocate, Jodhpur
222 Answers

1. Is the petrol pump functioning in that property now?

The lease of property is not to the petroleum company but to the agency, hence if the agency is terminated then ther petroleum company has nothing to do with it.

2. You have to instruct the vendor to terminate the lease agreement or to pay the earnest deposit amount to you so that you can settle the same to the lessee when he demands it.

3. You cannot demand enhanced rent if that is not provided in the registered lease agreement

4. No you cannot enhance the rent if there is no provision in the lease agreement for that.

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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