Registered lease agreement not cancelled

Sandesh (Querist) 18 November 2024 This query is : Resolved
In the year 2004, my father had given an immovable property for lease to a corporate company and had entered into a registered lease agreement via its representative (mentioned as Constituted Attorney in the agreement) for a period of 5 years.
The leased property was vacated by the company after the expiry of the lease term, however the termination of lease is not registered, nor do we have any communication in regards to the termination.
Now my father has expired and the corporate company is almost defunct.
I am willing to sell the property, but the EC has an entry of this lease indicating representative as the party.
I am unable to find the said representative.

Will the entry in the EC cause any problems to the sale procedure?

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Quick Summary

A property owner is looking to sell a property leased out in 2004 via a registered agreement. The lease term has expired, and the tenant vacated, but the termination wasn't registered. With the original lessor deceased and the corporate lessee defunct, the owner is concerned about the uncancelled lease entry on the Encumbrance Certificate (EC) affecting the sale. While some advise the entry is irrelevant after expiry and vacation, others suggest a surrender of lease deed is necessary, potentially requiring court intervention if the parties are untraceable.

T. Kalaiselvan, Advocate (Expert) 18 November 2024
The lease agreement will stand terminated automatically on expiration of the lease term. You can ignore the reflection of the same in EC.

Advocate Bhartesh goyal (Expert) 19 November 2024
Since lessee has vacated leased property after expiration of lease period so no any termination agreement required. Reflection of same does not make any effect on transfer ( sell ) of property.

sanjeev murthy desai (Expert) 19 November 2024
In such circumstances, better you should take a public notice via news paper to declare the cancellation or else convince the purchaser to ignore the such reflected lease.

kavksatyanarayana (Expert) 23 November 2024
The lease deed was executed by your father and the corporate company (represented by the attorney. So after expiry of the lease period the lessor and the lessee shall execute a Surrender of Lease. As your father expired, all the legal heirs of your father and corporate company (represented by the attorney or authority) shall execute the surrender of lease. Then only it reflects in the EC and after that you can make any transfer of your father's property.

Kishor Mehta (Expert) 04 February 2025
With due respect, it will depend on the termination or renewal clause in the lease document. Further, as the lessor has demised, his legal heirs should get probate/succession certificate before executing a surrender of lease.. You can not sell the property unless a deed of surrender of lease is executed. If the lessees are not traceable or do not co-operate, you have to approach the Court and seek directions.

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