• Land and lease issue

Hello sir,
I'm purchasing a land of total 1.05 Acre in which 13225 Sq.feet of land is Given to leese to HP petrol company with 30 years of lease agreement,and 12 years of lease is already completed. My questions are

1.The total market value of 1.05 acre is 1,32,00,000.00 Rupees. My local sub-registered told me to pay an extra amount for the constructions and rooms in petrol bunk ,why should I pay that amount even though I'm purchasing the total land that petrol bunk is given to lease to the company It's not belongs to seller and not buyer too .since we given it to lease to the company ?
2.My seller already gave intimation about selling the land to the company and Hp petrol company replied with No objection and new buyers follows the same lease agreement rules and I'm okay with it too
3.My question is First I should register the total land and then the lease agreement should be transferred in to my name i.e., New owner is it right ? or what is the specific procedure for it to register please suggest me....
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

In you case there are two scenarios

1) First transaction will happen between landlord i.e. Seller to Buyer (you) whatsoever is applicable on that land whether its empty or constructed building you have to pay stamp duty and registration charges accordingly. So first you will become owner of whole land and bldg.

2) Secondly, its your mutual understanding that you have continue the lease with HP company on old terms and conditions same. For this part if lease will not effect on purchasing of land.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Seller should execute registered sale deed in your favour

2) then lease deed should be executed between you and petroleum company

Ajay Sethi
Advocate, Mumbai
99958 Answers
8158 Consultations

1. Sir lease is not sale the portion of petrol pump is in your land and after lease expires you shall be owner of same so you have to pay duty for construction on land,

2. Ask company to make a new lease for remaining period on same terms with you.

3. Yes it is right after NOC received from the Petrol pump company you can get land registered in your name and then call upon them to make a lease agreement with you and get same registered.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. For the purposes of office of registrar of sub-assurances, the aggregate cost of Land and the existing assets in it, shall be taken into consideration for Stamp Duty & Registration fees. This is irrespective of the assets being used by leased party. IT is taken as the entire land and existing assets belong to new purchaser.

2. With change of owners of the Land, the Lease Deed would stand transferred to the new owners, subject to prior clauses in the lease deed, which is now confirmed by the NOC on record.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1)When the property’s sold, the landlord must tell the tenant who the new owner is and when they’ll take over. The landlord should also provide the new owner with a copy of the tenancy agreement.

Once a new owner takes possession of the property, they must tell the tenant:

their name..

their contact details and an address for service..

how the tenant is to pay the rent (for example, the new bank account number).

2)The best approach is to demand from the seller vacant possession of the property on the closing date. To do this, you need to know the date that tenant leases end.

3)you should first register the said property then through a lawyer make an agreement of lease

Mohammed Mujeeb
Advocate, Hyderabad
19369 Answers
32 Consultations

1. The stamp duty applicable is not for the land alone, but it will include to the structure constructed over the land also, hence the SRO is right is mentioning about the stamp duty towards the structure over the vacant land.

2. Thus it is confirmed that the structure over the land has neither been demolished nor has been dismantled.

3. Until you dont become the owner of the land you cannot get the lease agreement transferred to your name, hence first get the registered sale deed executed in your name and then follow the other procedures.

T Kalaiselvan
Advocate, Vellore
90159 Answers
2505 Consultations

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