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bomneedhelp77 (owner)     02 April 2011

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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 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 April 2011

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.

bomneedhelp77 (owner)     02 April 2011

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 ?

Dibakar Ray (Advocate.)     02 April 2011

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.

bomneedhelp77 (owner)     02 April 2011

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 ?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 April 2011

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


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