• Advice on ways to lock tenant with new landlord and reduce stamp duty

Hello,

We are looking to purchase an Industrial Shed located in land purchased by a company from Govt industrial land in Hyderabad. It comes under corporation and not municipality. The shed is leased out to a manufacturing company who’s lock-in is expiring in January, 2021 but Lease agreement is valid for 7 years. 
The property contains two sheds, cranes, generator and few light machinery, it is sold as a whole. 
Our intention is to lease the shed to the existing tenant itself on new terms- 3 years lock-in and 10 years agreement and agreed to give 6 months advance when agreement is signed. Our purchase is purely based on Rents and tenant is key as we have no intention to start a factory. 
- He has accepted verbally to continue but how to confirm the tenant before we purchase the property? If after we purchase the property he leaves immediately, we will be at loss. So please advice ways to confirm him. 
- What is the best way to buy the property, in individual names- me and mother are planning to purchase or by forming a company with us as partners? 
- Any legal methods to reduce the Stamp Duty? 
- We are planning to give an advance of 4-5% of the property value, what all terms should be mentioned in the agreement please suggest? 
- Can the advance agreement be on an individual name now and later converted to company name at the time of registration?
- Any more suggestions please advice. 

Thank you and Regards, 
Abhishek
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

1. Purchase of a property in individual name or by forming a company does not make any difference as far as stamp duty is concerned. 

2. While buying the property do include all the relevant terms put into writings. 

3. Since you are going to invest a lot of sum of money its very essential to make a due diligence to find out the clear title of the property. 

4. So do engage an advocate to check title of the property and take his assistance in drafting the agreement to ensure your safety. 

Without seeing the relevant papers I can not comment on title or terms of sale agreement for the property. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

You cannot make an agreement before the purchase. That would be void. You can take an advance to ensure they stay.

Buy it on your own name.

Buying property on a woman's name attracts a lesser stamp duty.

 


For an agreement you have to get in touch with a lawyer who can draft an agreement based upon your requirements.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes, it is possible.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

No it can't be done as aforesaid. You need to decide it whether individual or company

Prashant Nayak
Advocate, Mumbai
34726 Answers
250 Consultations

You can purchase property in joint names 

 

2) Ask tenant to give in writing that he wants to continue lease deed with you on terms and conditions mentioned 

 

3) you cannot reduce stamp duty 

 

4) if you want deal in company name tags advance also in company name 

Ajay Sethi
Advocate, Mumbai
100058 Answers
8169 Consultations

Please approach Local Lawyer, sit with him and discuss your case point to point.

By reading your case it discloses involvement of multiple process of due process of law with reference to Registration Act,Transfer of Property Act Easement Act ,C P C 1908, Hindu Succession Act and Limitations Act.

It is very difficult to answer all your questions lawfully and tact fully with single post from this forum in one step.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You are planning to buy a commercial property without taking any legal opinion from an experienced lawyer which is not advisable since you may not know the hidden legal issues involved n in it.

You are talking about the agreement and the recitals therein.

The agreement will be drafted by the document writer or a lawyer properly as per the circumstances and the instructions of both the vendor and the buyer, hence you may approach one for this purpose.

As far as the existing tenant, if you want to continue with this tenant, you may either continue with the same terms and conditions or you may have to get the present lease agreement terminated by your vendor and you can enter into a fresh lease agreement with the conditions stipulated therein.

If the tenant is not willing to enter into any fresh leas e agreement then you can ask the vendor to deliver vacant possession of the property you desire to purchase.

Since your vendor is a company and not an individual, you may have to ensure that the company has passed resolution to this sale of property with the approval of the board of directors and the shareholders and that they have complied with the proper formalities as stipulated in the Company's act. 

You can buy the property in the individual's name or in the name of a company by following the formal procedures for a company to purchase the assets.

You take the assistance or guidance of a local advocate for this deal so that you don't suffer from any legal hassle in future by committing any error now.

 

T Kalaiselvan
Advocate, Vellore
90256 Answers
2509 Consultations

Dear Sir/Madam,

You are suggested to go for the written communication with the tenant for the confirmation of the things. You may buy the property in the name of the persons or in the name of the company as the stamp duty will be applicable as per the cost value of the property. In the agreement to you are suggested to enter the clauses to safeguard your interests, a time line for sale deed or conveyance deed, the payment mode, and other things such as force  majeure. The agreement to sale made be done on the individual names with the clauses of possible changes in future i,e, sale deed on the name of the company or mother and son.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

- Since, you are going to purchase the said property , where already tenants are occupied , then you can send a legal notice to the said tenant that you are going to enter into an agreement with the present seller , and further you have no objection , if he continued as a tenant in the tenanted premises after entering into afresh lease agreement . 

- Further , you must registered the Biyana/token agreement from the office of the registrar , after paying the said 4-5 % advance amount. 

- Further, as you and your mother is going to purchase , then the agreement should be in both name individually with other decided terms and conditions . 

- Further , the stamp duty depends upon the property value and not the person or company. 

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

You cannot force tenant to continue. He can leave after lock in period and fresh agreement you can do only after expiry of present rent agreemnt until tenant agree to terminate present rent agreement and execute fresh.

Purchase in joint or on your sole name and not in the name of partnership.

Same stamp duty payable. 1% less stamp duty if purchase in the name female.

Purchase not advisable. Clear loss is visible if you are willing to purchase it for rent income that also from present tenant.

Agreement to sell on joint or individual name but not in the name of company.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. You can execute an agreement with tenant before purchasing the property that he will execute a fresh agreement once the ownership of property is transferred on your name. 

2. It will be your choice as there will be not much difference in purchasing as individual or by forming a company. 

3. No because it is industrial property.

4. Yes it can be later purchased on name of company where name of partners will be same as name of individuals in agreement. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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