• Lease and possession of immovable property

An immovable property was taken on lease by a corporation from Mr. A... & had given it to Mr. B to run a business on their behalf as their agent. Though the lease expired for over 40 years, Mr. A didn't turn up to claim the property nor the rent is taken & the corporation is continuing their business through their agent Mr. B. What is the legal position of this property in case, Mr. A or his legal heirs turn up now.
Asked 3 years ago in Property Law
Religion: Other

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8 Answers

A is owner of property 

 

corporation is only a lessee of property 

 

A can call upon corporation to vacate and deliver possession of property 

 

A can sue corporation to obtain possession of property on expiry of lease 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Only if it's under the scheme otherwise no

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  

If the lease for the immovable property has expired and Mr. A has not claimed the property or sought payment of rent, it may be considered as abandoned property. However, this would depend on the specific laws and regulations of the jurisdiction in which the property is located.

If Mr. A or his legal heirs turn up now, they may have a claim to the property, although the exact legal position would depend on the circumstances of the case and the laws of the jurisdiction. It may be necessary for them to take legal action to establish their claim to the property.

In the meantime, the corporation and its agent Mr. B have been using the property for their business and it may be possible that they have acquired rights over the property through adverse possession, depending on the laws of the jurisdiction. If this is the case, Mr. A or his legal heirs would need to challenge the claim of adverse possession in court.

It is recommended that Mr. A or his legal heirs seek the advice of a qualified lawyer in order to understand their rights and the best course of action in this situation.

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Legally speaking once a lessee is a lessee forever, he cannot claim title to the property, especially on expiration of the lease period.

The lessor may claim the property back anytime or his legal heirs can claim the same if the lessor has expired in between.

In that case the lessee has to vacate and deliver vacant possession.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

 Lavani Patta, a type of land that is non transferable.

A privately owned land is a registered land vested under the name of an individual. This individual also possesses a legal Record of Rights (ROR) of the said land, which makes them the complete owner of their respective property. 

Lavani is a special title given to a registered land. This is provided by the government to someone in dire need. Also, to  honour the armed forces personnels. As per the law, these special grants of land are known as ‘Lavani Patta’. 

 

Therefore do not be under any misguidance to term this land as lavani patta.

As a matter of fact if there is no clause in the lease deed for sub-lease, then the thought of sub-lease is also an illegal act.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If Mr. A or his legal heirs turn up now, they would have the right to reclaim the property, as the lease has expired for over 40 years. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No, it can't transfer to other person name. Mr. A and his legal heirs will claim the property today or tomorrow.

 Better to continue new lease agreement or prepare the new sale deed.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- Since, that  property is taken on lease by Mr. A , then the B having no legal title of that property as he got that property to run a business . 

- However , as per Supreme court Judgment, in case an owner does not stake his claim over his property for 12 years, a squatter can acquire legal rights over the property.  The prescribed period in case of for government-owned properties is 30 years.

- Hence , Mr. B can claim the ownership of that property on the ground of adverse possession after filing a suit before the court. 

- However, if that land is not transferred to Mr. permanently in form of free hold , then the corporation can take the said  property after expiring of the lease  period. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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