Illegal - Agricultural land has to be converted to commercial land for petrol pump commissioning
Agriculture land lease for petrol bunk in karnataka for other person
Agriculture land lease agreement in subregister is done in karnataka state for petrol bunk purpose. This is legal or illegal. Please inform me sir
Asked 6 years ago in Business Law
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9 Answers
Hello,
This is legal.
Regards
Agricultural land has to be converted to commercial purposes for use as petrol bunk
Dear Sir,
It is legal. Any agreement for more than 11 months must be registered in the office of Sub-Registrar as follows.
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Section 106 in The Transfer of Property Act, 1882
106. Duration of certain leases in absence of written contract or local usage.—
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]
See petrol bunk is commercial purpose for same agriculture land cannot be used so there must be conversion of land to lease for the petrol bunk use.
without conversation land cannot be use for commercial purpose.
Unless and until it has change in use of land nothing can be done
If it is a cultivable land then without converting it to NA, the lease agreement may not be valid in law.
You confirm if the NA conversion has been done so that the lease agreement can be held sd legally valid.
Dear
The lease is illegal as agriculture land has to be converted to commercial land before leasing to for purpose of petrol Bunk.
