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Sameer Thakur (Broker)     15 November 2010

50 Year Lease Ended now what?

My grandfather had leased out a parcel of land for 50 years to Tenant A.

Grandfather is no more, the only heir, my mother has given me POA.

5 years ago without my consent or knowledge, Tenant A allowed her tenant (Tenant B) to demolish the old structure and build a 6 story commercial building and sell the units to other tenants (illegally). I approached the KDMC but, since they had some years left on the lease, they allowed the construction.

The lease agreement has a clause in it, that the lease can be further increased to 25 years, if no lease clauses were violated, which they were.

Tenant A has died, and as I understand that here right died with her. Tenant B is not my tenant or has any rights in the original lease agreement.

Property is located in Dombivili, Thane, Maharashtra, right opposite the train station.

The lease has ended Nov 1, 2009. and I have no intentions of releasing the land.

There is a newly constructed building on the land, and Tenant B has approached me to release the land for 25 years and to let the tenants form a society, which I know if I allow that, I loose the property forever.
What I want is the land back, so to all you legal experts out there, what are the steps to obtaining my goal?

Please note, that I live in Canada.

Thanks in advance.

Sameer Thakur


 2 Replies

Adv.Husain (Advocate)     16 November 2010

can u elobrate more facts as to how tenant b got permission to construct building on ur land without your permission..???? and as to how tenant b was tenant of tenant a....some important facts are to be known to comment....you can mail me on adv.husain@gmail.com and also ask members here ..!!


1. Collect the encumbrance certificates from registrar offices

2. Collect revenue/taluk documents in whose name the property now stands

3. Then issue legal notice

4. file a suit for eviction.  as per you query you have not taken any steps to stop the construction.   The sub-tenant is a encroacher / trespasser.  If let in the building he will acquire title over the property .

 But you have to pay the amount to B since it is an improvements made in the property by B.

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