sub lessees do not get promoted as lessees of govt
2) you have to approach govt to transfer lease in your favour on expiration of lease or on termination of lease
Transfer of lease rights
This question is specific to West Bengal 1. The Government of West Bengal LEASED a large parcel of land to a private promoter (who is a Society registered under Societies Act). 2. The promoter built a large apartment complex and SUB LEASED the individual apartments together with proportionate share of common areas, facilities and land to individual purchasers. 3. The individuals collectively registered the apartment complex under the West Bengal Apartment Owners Act 1972 and formed an Apartment Owners Association in accordance with the said Act. 4. After a few years, the private promoter wound up his business and ceased to exist. In this scenario, do the SUB LESSEES automatically get promoted as LESSEES of the Govt of West Bengal since the original LESSEE no longer exists or does the LEASE get transferred to the Apartment Owners Association? It is emphasised that this apartment complex is NOT a cooperative society but registered under the WBAOA'72, where the Apartment Owners Association is subordinate to the owners.
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
1, BY LEGAL DEFAULT, the Association would step into the shoes of the original Promoter, whose as it is, his locus standi ceases to exist after the Association was registered. Note the purposes for which land was leased to the original promoter and now after registering the association the promoter CANNOT have any role to play and the Association shall be solely dealing in such leased property with the concerned govt. dept.
Not until govt. approval. Neither it will effect right of sub lessees. Land belongs to govt., so only owners association can be formed. In cooperative society, land vest in society registrar.
No sub leasee will not be automatically become leasee. It will be considered as per the WBAO Act.
The sub lessees will remain same and cannot become lessees under any circumstances.
On the expiration of lease agreement the same will stand terminated.
The association has got nothing to do with the lease agreement.
In the case cited above, there is a triangular relationship between LESSOR, LESSEE and SUB Lessee (99 years lease). The registered association of owners (WBAOA), is below the sub-lessees. Now, when the LESSEE ceases to exist, legally someone or some entity must hold the LESSEE title, otherwise transfer of sub-lease (which is presently between the LESSEE and individual flat owners in the form of registered SUB-LESSEE deed) to other parties cannot take place nor other provisions of the SUB LEASE DEED be enforced. Who is that someone?
Asked 6 years ago
Approach the lessor to execute lease deed in your favour
Subleasee
Sub lease is executed with Lessee not with lessor so Lessor is not bound neither answerable to you. Until there is clause in lease deed that sub lessee will directly/indirectly govern by lease executed between Lessor and lessee.
Who is that someone?
Well, you have everything in front of you, hence it would be convenient to enquire about this situation through your sources.
As per law, if the lessee is not existing then the sub-lessee cannot claim any rights on behalf of the the lessee.
Dear
The sublease doesn't promote itself as leases on demise of lessee but you have to approach government to transfer the lease to Apartment owner association after the original lease terminate.
