Sale of leased land

Ram Kumar (Querist) 17 August 2020 This query is : Resolved
Can I sell my land that is leased to a company for 30 years and a period of 15 years is remaining?
Additionally, the company has constructed office and other facilities. I have no right in the superstructure but want to sell my land without surrendering lease.

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You can sell land that is currently leased, even with a long-term lease still in effect. The key is that the new owner (purchaser) must agree to honour the existing lease terms and conditions for the remaining period. While you retain ownership of the land, the lessee has rights regarding any structures they've built. It's advisable to consult with a local lawyer and ensure the sale deed clearly outlines the situation regarding the superstructure and the continuation of the lease.

Isaac Gabriel (Expert) 17 August 2020
It is already in lease.Uless settled you cannot alenate or sell.

Ram Kumar (Querist) 17 August 2020
Thanks for the reply. You mean to say leased plot can not be sold out till lease expires.
But ownership is with me I have leased not sold.

The purchaser has no problem in continuing lease with same terms conditions.

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Dr J C Vashista (Expert) 17 August 2020
The leased property can be sold without any objection of lessee, if it may be agreed that the vendee (purchaser) shall continue the agreement (lease deed) with same terms and conditions for remaining period of lease.

Dr J C Vashista (Expert) 17 August 2020
Whether the company had obtained consent of lessor (landlord) before construction of the demised property for their use ? If so, what were the terms of such permission ?

Dr J C Vashista (Expert) 17 August 2020
On execution of Sale Deed, title of the demised premises shall get transferred in the name of the vendee consequently your will have to surrender the lease deed will in favour of vendee (Purchaser) with consent of lessee. Accordingly you will not remain lessor of the property.

Ram Kumar (Querist) 17 August 2020
The lessee has taken consent from the lessor to build, construct, demolish, restructure, etc.

Ram Kumar (Querist) 17 August 2020
Share the provisions for sale deed as subregistrar is asking for the superstructure to be included in the sale deed while superstructure is not my property and I have no right to sell it.

Rajendra K Goyal (Expert) 17 August 2020
Structure is part and parcel of the land. What are the conditions while permitting construction to lessee? Show all documents to local lawyer and discuss in detail.

Terms of lease and any other agreement are applicable.

Ram Kumar (Querist) 17 August 2020
Open land was leased and will be handed over in same condition(open land) after expiry of lease.

Rajendra K Goyal (Expert) 17 August 2020
Registrar office may ask to pay stamp fee as per circle rate of constructed building even if your sale proceeds are less. Mention clear condition in the sale deed regarding building.

P. Venu (Expert) 17 August 2020
Yes, the land could be sold. Once the land is sold, the purchaser would be the lessor thereafter and he would be bound by the terms of lease deed, as subsisting.

kavksatyanarayana (Expert) 17 August 2020
Is there any condition in the lease deed that the property can be surrendered to the owner on certain conditions or not? Is there any condition, if the lessee can construct any structures on the property and return the same as it is after expiry of the lease period? Is there any condition, if the leased property sold then the lease will be continued or not? You can sell the land if the lessee agreed to sell it with the condition that the lease shall be continued till the end of lease period.

Rajendra K Goyal (Expert) 18 August 2020
You can sell land if the purchaser is ready to abide by all conditions of lease deed.

Advocate Bhartesh goyal (Expert) 18 August 2020
You have every right to sell your land irrespective of fact that it has been leased out.The buyer would be bound by terms and conditions of lease deed.

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