free hold

raju (Querist) 05 February 2010 This query is : Resolved
DEAR SIR,
I AM HOLDING A LEASE HOLD JOINT PROPERTY{REGISTERED FROM LAND AND DEVELOPMENT AUTHORITY,NIRMAN BHAWAN,NEW DELHI} WITH MY COUSIN AND AM RESIDING IN IT TOO ALL BY MYSELF.THE PROPERTY INITIALLY WAS ALLOTED TO MY FATHER AND UNCLE AS A JOINT PROPERTY AFTER INDO-PAKISTAN PARTITION AND BOTH MY UNCLE AND FATHER HAVE ALREADY EXPIRED..MY COUSIN IS STAYING OUT OF DELHI..IS IT POSSIBLE FOR MY COUSIN TO APPLY AND GET IT CONVERTED TO FREE HOLD WITHOUT MY CONSENT OR APPROVAL, AS THE LEASE DEED CLEARLY STATES THAT THE SUB DIVISION OF PROPERTY IS NOT ALLOWED AT ANY TIME...PLEASE GIVE OPINION...THANKS AND REGARDS...RAJESH

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Manish Singh (Expert) 05 February 2010
Dear Mr. Raju,
partition of leasehold rights shall not amount to subdivision of the said property.

also it is pertinent to mention that he can not apply directly for partition of the leasehold rights unless he gets a succession certificate by competent court if you are not giving him consent. also he may go for partition of the property in the competent court orders of which can be used for substitution of property in his name.

Parveen Kr. Aggarwal (Expert) 05 February 2010
What is the duration of the lease and what is the stipulation in the lease-deed about the conversion of lease-hold rights to free-hold rights in the property?