• Exchange of leasehold and registered land

A part of my registered land is physically under a company having leasehold land. Same area of their leasehold land is in under my possession. We now both agree to exchange our areas and retain the plots as under possession. This is in west bengal. I want to know, since both parties are ready to exchange, whether there is any law by which a leasehold hand can be changed to registered land and vice versa.
Asked 5 years ago in Property Law
Religion: Sikh

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20 Answers

yes it can be exchange if both the lands are on lease for same period and the same lease party agrees to this new exchange transcations.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you want to exchange ownership than have to execute exchange deed and register at sub registrar office. 6% stamp duty will levy.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

For transfer of lease hold interest consent of lessor is necessary 

 

2) obtain consent of lessor for exchange of land

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If you retain their leasehold land you would not be owner of land but only lessee of the land 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Serve them with a legal notice and than file a declaration suit for declaring the ownership as registered owner

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes, no problem in it. Lease hold can exchange with freehold. No need to specify land character. Just ownership.

Under transfer of property act, it is permitted.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

In the case of a leasehold property, the land-owning agency gives the land on lease to a lessee for a stipulated period. The land ownership rights remain with the lessor. The lessee pays a lease premium and an annual lease rent as fixed by the lessor. Further, the lessee requires the lessor’s prior permission if he wants to sell the property.

2) it cannot be exchanged with freehold land 

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Since you are in possession of leasehold  land by a registered deed it becomes your own and absolute property till such time the tenure or lease period expires.

Therefore with the same clauses you can get a registered  exchange deed executed  stating that the leasehold land shall be surrender by the respecitve lessees at the expiration of the lease period to the owner.

This clause will defend your interest in this regard.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

The exchange deed may not be effective if both have different dates of renewal of the respective lease agreement.

In that case you both with a mutual understanding surrender the lease deed and get a fresh lease deed executed through the lessor as per your desire.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Your unregistered leasehold cannot be registered on their name neither their registered leasehold can be transferred to you name legally.

Practically you may be using each other's landed property, whereas legally it may not be maintainable.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Sir,

The same is possible and you may go for the exchange, but keep in mind that you will be owner of the property till the period of lease hold only. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You can exchange the same with ab exchange deed but the nature of the said land can't be changed

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

- Yes, you can exchange the property as per your requirement , after registering an Exchange Deed. 

- An exchange transaction is different from the Sale transaction , and further if you need Sale deed , then that can be exchanged after executing two Sale in the name of one another. 

- As per Section 118 of Transfer of Property Act, when two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both the things being money only, such a transaction is called an exchange. 

- Further the registration of exchange deed is mandatory from the office of the Registrar. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. Your requirements and Co. requirements can be conducted via a stamp duty paid and registered "Settlement Deed", which has to be executed mutually and jointly by yourself and the co. and the original land owner of Co. leased land.

2. Without above the same is not possible.

3. Proper Govt. Survey of the layout plan and survey report, clearly marking out the respective land/s of both parties, will be required to be attested with the settlement deed.

4. The above will further have demarcated, survey no. changed in the revenue records, for further mutation recording purposes.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. An exchange deed can be executed to exchange lands. It has to be compulsorily registered.

2. For local laws in existence in WB only a local lawyer can throw light.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

you can execute exchange deed and contact a lawyer in the local who practices in service law for further advises and suggestions to move on.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. Lease hold land cannot be exchanged by lessee without consent of original owner of land.

2. It will not be legal exchange as leasee who is having lease of land is not absolute owner of land in your possession so he cannot execute exchange deed with you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

A land that is on lease has to be returned to the person or government after the lease expires unless it has been converted to a freehold. Therefore it cannot be exchanged.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Leasehold property should be converted to freehold.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

That cannot be done. What you are basically saying that a land registered in your name be exchanged with a land which is temporarily with the company.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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