Registration of inherited leased property

advitya (Querist) 10 July 2014 This query is : Resolved
Hello Sir/Mam,

I want to understand if for an industrial land , which is a lease property (given by upsidc on lease of 90 years) a fresh lease deed needs to be done by the legal heir of the deceased allotee or a mutation is enough.What are the implications of not getting the fresh lease done and what would be the stamp duty applicable if a fresh lease deed has to be done.
what is the implication of above on the construction done on the plot.

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Devajyoti Barman (Expert) 10 July 2014
Deed of assignment of lease will have to be executed by the legal heirs of the original lease holder.
Do check whether sub-lease is permissible or not.

Raj Kumar Makkad (Expert) 12 July 2014
You shall have to go through the lease-deed issued by UPSIDC. If there is a permission for sub-lease only then the legal heirs of the lessee, can do so as desired otherwise an agreement shall be required to be registered.

advitya (Querist) 14 July 2014
Respected Sir',

Thanks for your response , however my question is whether a new fresh lease deed needs to be executed by the legal heir of deceased lesse again with the UPSIDC (lessor)or not, and what would be the stamp duty applicable in this case if at all a fresh lease deed needs to be done.
As far as a sublease is concerned (which is permissible), I do understand that giving the land on sublease would require an agreement.
Kindly clarify.

Raj Kumar Makkad (Expert) 14 July 2014
No. The legal heirs are in succession of the deceased lessee and they need not to execute fresh lease-deed.

If Sub-lease is permitted, sub-lease agreement shall be required to be got registered.

advitya (Querist) 15 July 2014
Respected Sir,

Thanks for your response.However here the authority has been pressing the legal heir to get a fresh lease done and when the legal heir tried to persuade the UPSIDC personnel that she has inherited this land , they are saying that as per the rule she has to get a fresh lease deed done or else she should tell them that which law (section ) says that a successor doesn't requires to enter a fresh lease deed. I have gone through a lot of information , but could not find the exact applicable section.
I would be obliged if you could please guide me on the same.

Raj Kumar Makkad (Expert) 15 July 2014
Lease-deed itself is a law which might be containing the term that the document binds legal heirs of the parties to the lease. As the period of lease is 90 years and it cannot be expected that the lessee shall live upto the term of the lease hence the same shall be presumed to run till the expiry of the period and his successors shall be bound by the terms of the lease. Law is nothing but a common sense.

Even then if UPSIDC officials do not accept their own terms and conditions, go to civil court and get a declaration thereto.