How cancel registered lease deed
RAJESH MAKWANA
(Querist) 10 February 2018
This query is : Resolved
i singed 20 years long lease to bank of India, but its rent too lower than current time, 9 years complete of lease and still 11 year pending so i want to cancel this lease, so its possible ?? because i want sell my property
Guest
(Expert) 10 February 2018
Not possible without the express consent of the lessee bank.
RAJESH MAKWANA
(Querist) 11 February 2018
I want move other city so i want sell this property so its possible or not?
RAJESH MAKWANA
(Querist) 11 February 2018
If transfer my property to my son name so its possible sir..??
Guest
(Expert) 11 February 2018
Transfer is no problem, but still the lease deed won't be treated as automatically cancelled. You will have to intimate the change of ownership to the bank for further legal formalities the bank.
Dr J C Vashista
(Expert) 11 February 2018
There has to be a clause in Lease & Licence agreement signed by both parties qua termination of the agreement, show the document to a local lawyer for proper appreciation of facts, analyse, guide and proceed.
RAJESH MAKWANA
(Querist) 11 February 2018
If i intimate to bank for change of ownership and owenr is change so new owner can cancel deed? Is any provision available in law for new owner can cancel lease deed to for any kind of reason ?
SHIRISH PAWAR, 7738990900
(Expert) 11 February 2018
You can revoke the lease as per terms and conditions of lease deed. Please appoint local advocate who will do the needful. You can transfer the ownership to your son and later on you can inform the same to bank.
Guest
(Expert) 11 February 2018
Why not refer to the terms of lease deed and do accordingly or get the same examined in detail by some local lawyer, instead of stretching your academic query too far? Even on transfer, the bank will be de facto lessee of your son. What you cannot do, your son would also not be able to do, unless such provisions are made in the lease deed.
Guest
(Expert) 11 February 2018
Purely an academic query!
By the way, even in real problem case if somehow or the other you are able to get the lease deed cancelled, what will you do, if the bank does not give possession to you or even your son after transfer of the property. I can say, not to say of on cancellation of lease deed, you would not be able to get your property vacated even after the expiry of lease deed.
Azhagananth
(Expert) 11 February 2018
All experts were right... but,,i have one question does the Agreement consists of Arbitration clause?... if so approach the lawyer with Arbitration Knowledge as well as RCOP knowledge with the copy of the document.
RAJESH MAKWANA
(Querist) 20 February 2018
Hi Expert
please guide me for below terms of lease deed may i take legal action? because bank has not take any writing permission of installation of AC and CCTV camera.
2(d).Not to make any structural alterations to the walls or floors of the demised premises without the previous consent in writing of the lessor, which shall not be unreasonably withheld. however, this shall not restrict lessee`s right to carry out structural alternations that may be necessary for the purpose of banking activities such as installations of AC, ATM centre, computerisation's of the branch
Guest
(Expert) 20 February 2018
With the ACs or CCTV cameras no structural changes get affected to walls & floors. Walls & floors remained as were where were.
