cpc

assignment of lease without lessors consent


In out initial lease agreement there is a clause that says lessors' consent must be obtained before assigning the lease. Lessor is not traceable and has not collected lease rent for 25 yrs. Can we assign the lease to somebody else inspite of this clause ? Will there be a problem with registering this lease assignment ?

 
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practicing advocate

What is your status?  What is your relation with lessor?  If you are a tenent  you cannot, ff there is a condition that you can sub lease then you can exeucte the lease deed.

 
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We are lessees . We want to assign the lease by deed of assignment . There is a clause that says lessee's can assign the lease but consent of the lessor is needed. Lessor is not traceable for the last 25 yrs. Can we assign or not ?

 
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Advocate.

If there is a prohibitory clause in the original lease agreement, you can not assign the interest in the lease even if the lessor has not colected the rent.

Non collection of rent in any case does not change the position of yourself in the eye of law.

 
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We are ready to pay lease rent. The lessor is not traceable . We dont know who his successors or heirs are.

Can we be treated as lawful posessors because of adverse posession ?

 
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POWER OF DEFENSE IS IMMENSE

In possession of property nine points is possession and one point law. So go ahead no problem.

 
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