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Aman Deep Singh (Business)     02 June 2012

Cancellation of 99 year lease

Sir,

Is the 99 year lease cancellation possible on the industrial plot of HSIDC?

My father was running a business firm in which there were 3 partners (all brothers). Now the firm is closed due to heavy losses and dispute among partners. My father and 2 brothers gave the 99 year lease of an industrial plot to the 4th brother's wife who was not the partner in the joint business. The leased industrial area plot is the property of the firm in which the 3 brothers were partners and it’s registered in the name of the Firm which is now closed. 
One of the three partners is now deceased and the other brother canceled his power of attorney but my father did not.

I humbly seek answer; can the 99 yr lease agreement be canceled?

Thank you.



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 June 2012

Dear Mr.Singh, 

1. Depends on the terms of the perpetual lease. 

2. If it was a through a registered instrument - then cancellation cannot be done unilaterally but via court. 

3. If it was not through a registered instrument - it fails to take effect and can be terminated via 106 Notice TPA

 

Free to consult with actual document !

Aman Deep Singh (Business)     02 June 2012

Dear Mr Chugh.

I thank you very much for the reply. I appriciate this forum since it helps so many ppl with there legal problems with the expert advices.

Like you said to chk out the doc's. I am unable to understand the document since its in hindi/Urdu. I will get it translated and revert.

Thanks once again. :)


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