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(Querist) 03 May 2011 This query is : Resolved 
I have to execute a legal document in respect of a flat purchased by a person,who has paid the full cost of the flat, but the proportunate land under the flat is on lease. what kind of document can be executed lease or sale.
Khaleel Ahmed (Expert) 03 May 2011
You are advised to consult with your local lawyer.
PALNITKAR V.V. (Expert) 04 May 2011
Flat and the land are different entities. You can sell the flat but not the land.
Raj Kumar Makkad (Expert) 04 May 2011
It is better to first get the land redeemed from lease and then get executed its sale-deed which shall make end to all future problems.
Guest (Expert) 04 May 2011
Although deals are being made frequently by the lessees without observing official/ legal formalities, but such official formalities are also necessary for a valid deal. So, in case of a leased property, you need to get NOC/prior permission, as the case may be, from the leasing authority to transfer the flat in the name of the purchaser, so that the records of the lessor may also get updated.

Another option is first to get the flat converted in to a freehold property by paying due charges to the alloting authority and get that registered in your name, so that no dispute arises any time later.
Sri Vijayan.A (Expert) 04 May 2011
You can do any one depend upon the requirement of yourself.
But your question may not be what you think; as such I suggest you consult a lawyer in person to prevent future disputes and problems
PALNITKAR V.V. (Expert) 05 May 2011
Here in Maharashtra it is very common that the CIDCO, a govt organization, acquires land, develops it and gives it on lease of 99 years. Builders have constructed flats, apartments, bunglows etc and sold them to public. people are reselling the same though the land is on lease. It is perfectly legal.


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