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Deemed conveyance and redevelopment of chsl

Querist : Anonymous (Querist) 03 January 2021 This query is : Resolved 
Dear sir,
We have 50 years old building on a leasehold land in Mumbai Suburbs. Lessor is alive. Now tenants wants to redevelop the property. But Lessor is not cooperating. Do we have an option to go for deemed conveyance without NOC from landlord?
If yes then can we go for redevelopment with out NOC from landlord?
Can Landlord sue either deemed conveyance order or redevelopment agreement?
kavksatyanarayana (Expert) 03 January 2021
Even the owner is not cooperating with you, you don't become the owner of the property. Once a tenant always a tenant is the normal norm.
P. Venu (Expert) 04 January 2021
Who is the owner? What are the terms of the lease?
Querist : Anonymous (Querist) 04 January 2021
Owner is individual. Lease term is 99 years.
Dr J C Vashista (Expert) 05 January 2021
Issue a legal notice to owner as well as municipal commissioner.
Dr J C Vashista (Expert) 05 January 2021
It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.
Querist : Anonymous (Querist) 05 January 2021
Thank you Sir. We have appointed one lawyer for this and he told us that Deemed Conveyance is possible even without NOC from lessor. But we were skeptical about this. So need some specific clarification whether Deemed Conveyance is possible without NOC from landlord?
krishna mohan (Expert) 05 January 2021
Have a check on lease deed on lessee rights. If that includes development you can as for approval they will require consent of the owner.
Rajendra K Goyal (Expert) 05 January 2021
Local law applies, consult local lawyer. May take another opinion locally.


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