Sub lease land property
bishal shaw
(Querist) 13 September 2011
This query is : Resolved
have sublease hold land on which three stories building build.It is 3cootah land with 3sub lessee. we took sublease from our lessee. and lessor provided the lease of land to lessee.
on this land we constructed house ( under sub lease ).
the property taken comes in the name of lessee. our name was not mention in the propety tax bill. this is tekka tennay land.THE FIRST LAND LORD WAS JAMIDAR/ .
i wanted to know that:
1.CAN I TRANSFER PROPERTY TAX BILL IN MY NAME?
2.SHOULD I GO FOR TEKKA TENNAY?
3.IN THE AGREEMENT Deed IT WAS MENTION THAT WE ARE NOT THE OWNER OF LAND.BUT CONSTRUCTION DONE ON THE LAND IS OURS.
4.this land propety tax is due?can we get waiver under west bengal govt.( kolkata municipal corporation)
5. can we ever be the real owner of this property?
Raj Kumar Makkad
(Expert) 13 September 2011
1. No, if lease-agreement do not prescribe sub-lease legally. If it is provided therein then you may do so legally.
2. You may move ahead after duly studying the terms of lease=agreement.
3. A lessee never becomes the owner of property as he never can take the plea f adverse possession as his possession is not hostile to true owner so being sub-lessee though you have constructed your house on the property with the help of lessee, can not become owner as desired.
prabhakar singh
(Expert) 14 September 2011
Yes Mr. Makkad is very much rightin his opinion expressed and i concur them.
subletting unless expressly consented by land lord is not allowed by law,and any construction, or improvement raised by a lessee or sub lessee does not makes him owner even of his constructions so raised,and any kind of permissive entry,be it as lessee or sub lessee or licencee etc.,creates a bar on person so claiming to plea adverse possession after such an entry from any subsequent time as he can never be deemed to have right to commit any hostility against the land lord.
