Landlord building land lease expired

simy (Querist) 25 December 2014 This query is : Resolved
Hello,

I am a tenant. Land on which our Landlord building is build, the lease of that land has expired. It was a 99 year lease with Municipality. Is it necessary for the landlord to extend the lease in some specific time? And what if landlord doesnt, will the building be evacuated by Municipality?

Thanks.

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Shailesh Kr. Shah (Expert) 25 December 2014
you are right in your understanding. lessor shall have to extend lease period.

prabhakar singh (Expert) 25 December 2014
IT IS MATTER BETWEEN YOUR LAND LORD AND MUNICIPALITY.

NORMALLY THEY EXTEND WITH PENALTY OR GIVE OFFERS OF GETTING FREE HOLD.

ajay sethi (Expert) 25 December 2014
muncipality has to extend lease deed . then only landlord can do so .

Rajendra K Goyal (Expert) 25 December 2014
Landlord can get lease deed extended.

simy (Querist) 25 December 2014
Thank you experts. But in case landlord doesnt extend(which is what the situation is, more than 1 year has passed since expiry), then what can be the consequences? Does the occupancy/building ownership become illegal?

T. Kalaiselvan, Advocate Online

(Expert) 26 December 2014
The Municipality has every right to evacuate all the residents who are staying there illegally beyond the period of lease.

Shailesh Kr. Shah (Expert) 26 December 2014
rightly advised.

Dr J C Vashista (Expert) 26 December 2014
Hello,
1. As a tenant you will remain a tenant and cannot enter into the shoes of landlord. The lease of 99 years was between landlord and mnicipality, how it affected you?
2. Can you dictate the landlord to extend your tenancy?
3. Be courtious, humble and submissive while addressing the experts on this platform, Mr./Ms.Simy, they are providing best of their time, professional expertise and advise totally FREE OF COST.

P. Venu (Expert) 26 December 2014
Prima facie, the 'lease' has been a "cowl" i.e. a grant or an assignment and not a lease in terms of Transfer of Property Act.

Devajyoti Barman (Expert) 26 December 2014
If the landlord does not extend the lease then his rights extinguishes in the lease and you will also have no right to stay thereon unless Municipality grants you fresh lease.