about the validity of lease deed
shiv
(Querist) 23 January 2011
This query is : Resolved
sir i have some qyestions regarding lease deed.
is lease deed revercceble or not?
can we consider ownership document to lease deed ?if the duration of deed is thirty years
please tell me all diffrences between lease deed and transfer deed
Thank You Very Much
S. Bharath
(Expert) 23 January 2011
A lease is always a lease; it is one kind of transfer where the rights of possession and enjoyment alone are transferred for a consideration namely the lease rental.
yogesh
(Expert) 23 January 2011
right of ownership is not in the case of lease deed but you can enjoy only the possessionship
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2011
Lease can be given by only legal owner , so mistakes for ownership can always be corrected by new lease.
Ajay Bansal
(Expert) 24 January 2011
It depends upon contents of lease-deed.
M V Gupta
(Expert) 24 January 2011
Ur queries appear to be as under;
1. Is a lease deed reversible?
2. Can a lease for thirty years period be regarded as ownership in the property?
3. What is the difference between a lease and transfer?
If the above are the queries, the answers for the same are as under:
1. A lease of property once granted cannot be terminated except for breach of the terms of the lease by the lessee- such as default in payment of rents, use of the premises for a purpose other than for which the lease was granted, denying the ownership of the land lord, sub letting of the property without the consent of the land lord etc.
2.Lease cannot be regarded as ownership under law even if it is for a long term such as 30 yrs or 99 yrs. A lessee's right to hold on to the property is subject to his compliance with all the terms and conditions of the lease.
3. Lease is transfer of right to possession and enjoyment of the property subjcet to the terms and conditions of the lease deed. It does not amount to transfer of ownership of the property. Whereas transfer or sale of the property means transfer of all the right, title and interest in the property to the transferee who is called the purchaser or buyer of the property. After transfer the name of the buyer is insetred in all official records such as the revenue records, the property card, municipal records etc as owner of the property. ( this is called mutation of the records)
