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jayantha   24 October 2018

Unregistered lease agreement

dear sir
I had given my land for long term lease of 30 years,
lesse told that they will convert land from agricultural to industrial
but in agreement it is like work starts after lessor converts land to industrial
lesse has given token advance of 1lakh
now the land is not converted yet
already 3 years over for this agreement,
now other developer is asking my land
*shall I give my land to other developer directly without asking old developer?
*is it necessary to give back money which is given by lease?
*what is the power of this unregistered lease agreement?
*now old developer is not ready to start work,what I can do in this situation plz help me sir & thank u



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 4 Replies

Sudheendra (Social worker )     24 October 2018

*shall I give my land to other developer directly without asking old developer?

The way to go about it to contact your existing developer and clearly discuss the situation.

*is it necessary to give back money which is given by lease?

If the land has not been used/ misused and if both of you agree, you may want to deduct a reasonable amount and hand over the rest to the existing developer.

*what is the power of this unregistered lease agreement?

unregistered lease deed is invalid in law and not an admissible evidence

*now old developer is not ready to start work

Discuss face to face, settle the dues and hand over the property to the new developer.

Being legally correct is one thing and being a sincere person is another, take time and decide wisely.

 

jayantha   25 October 2018

thank u sir
suggest me if am correct in this situation
I handover my land to new developer
if old developer opposes I will return his money back
can old developer gets any stay order from court if new developer starts work?
plz suggest me?

G.L.N. Prasad (Retired employee.)     25 October 2018

Now that you have already taken action, wait for the response from the old developer.  Members can not guide on future assumptions that may or may not take place. 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 March 2019

1.  IF Lease /Tenancy Agreement was not Stamp Duty paid & Registered, THEN Tenant derives no right to get stay on any such illegal Agreements and the Court will not entertain such agreements.

2.  File Caveat in the relevant court, against granting any stay, without you being heard.

3.  IF you give Legal Notice to old Tenant, THEN you will be confirming the unregistered agreement and it will go against you.

4.  Just simply go ahead with your new project /developer and deal with the old tenant as & when required.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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