• Registered perpetual lease deed of land on terms

Iam a title holder landlord i lease out my land to the lessee on certain terms lessee instead of constructing a community hall as per terms in the deed constructed residential premises and using it as a community hall plan submitted to the corporation is for residential ie misused of the premises iwant to terminate the lease deed on the ground of breach of terms and to sale the land along woth the building the lessee is neither a title holder landlord nor incurred a single paisa in the construction of the building on the said land the building constructed on the land i8s by the bank against the part of the portion in the building will be used by the bank bank woundup dispute is abourt the premises in the possession of the liquidator both landlord and the lessee claiming for the disputed premises remedy
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

it is necessary to peruse lease deed to advice 

 

2) does lease deed contain termination clause ? 

 

 

3) whether  lease contained a clause that no third party rights could be created without lessor consent? 

 

4)you can terminate the lease on breach of terms and conditions of lease

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

you have to inform purchaser about dispute between bank and lessee

 

2) you can sell your ownership rights to purchaser without lessee consent 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

SEE  for the lease deed terms of the lease need to be pursued but if the condition of lease is breached give a notice to the party for termination of lease deed if he fails to vacate the premises and cancel lease. 

You need to file a suit before civil court for possession of property and cancellation of lease deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

nothing stops you from selling the land of which you are the owner

but for the building standing on the land there will be a dispute as the lessee will also claim it

please be more clear in your query - its very vague

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

Dear Client,

On the basis of violation of lease terms, lease deed can be revoked and as no amount incurred by lessee, in this case he is not entitle to any refund and bank will retain the portion in lieu investment made. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

See disposing it without cancelling would raise further dispute but if purchaser is ready to fight case in court then you can make an agreement to sale and once dispute settled then only you can register sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A landlord may legally terminate a lease if the tenant significantly violates the lease agreement contract terms and conditions. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) If the construction is not done accordingly the terms and conditions of the lease agreement than it's breach of agreement. So you can take action against them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

your rating does not matter

you are expected to write clearly so that lawyers here can answer and advise accordingly

as beforestated, you are the owner of the land. So there is nothing that stops you from selling the land. You do not need any consent from the lessee

but the lessee has constructed the building on your land. If a community hall was to be built and instead a residential building is constructed then you can terminate the lease on ground of breach of terms of lease

for that, your lease deed will need to be studied

obviously the termination of lease will be disputed by the lessee 

also from your vague question it appears that some bank has charge over the property or there is some winding up proceeding going on

now whether such a charge is on the land or building or both, cannot be ascertained from your vague question

also against whom the winding up proceeding is going on, also cannot be ascertained from your vague question

 

Yusuf Rampurawala
Advocate, Mumbai
7900 Answers
79 Consultations

First cancel the lease deed and this will be done in the same office in which it was done previously then go ahead , there is no harm then.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

If the lessee had constructed the residential premises in the vacant site as per agreement, then the landlord cannot do anything about it at this stage, however he can approach court seeking to cancel the lease agreement for breach of conditions.

The case will go on for years.

If the bank has constructed the structure in vacant site, how and in what capacity did the bank construct the structure in it?

If both the parties are at loggerheads, then let the court decide the fate.

 

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

If the lease agreement is in force then you cannot give the property on lease to new lessee, if you do so, it will be considered as an illegal act.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

File a suit for cancellation of lease deed also inform the corporation for revoking the permissions for illegal construction.

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

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