socially backward (Social worker) 26 January 2023

Lease hold flat purchase.

Dear members,

This query is regarding purchasing a flat..probably offered on lease.

It's a flat of housing department of State govt.In application for willing to purchase such flat,it's written that the flat can't be transferred within 15 years from the date of registration,and if it would be transferred after 15 years,it must be transferred to certain catagory of State Govt Officers.Is it a legally valid clause ?

Second point is,if one wishes to give such flats on rent,what procedure is to be adopted,as nothing is written on this in such application form.

Thirdly,people are suggesting that it's very troublesome to sell such property and lot of problems will be there in getting approval and sanction from govt authorities.Is it so?

Kindly opine.

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4 Replies

Javed Ansari (Senior Partner) 26 January 2023

generally in such cases there is a requirement of NOC from the concerned authority for leasing out the property. As regards the 15 yr sale barring clause, it is more like a practice than law..

Dr J C Vashista (Advocate) 27 January 2023

As covenented in the lease deed the lessor has made it absolutely clear, inter alia, that,

"...the flat can't be transferred within 15 years from the date of registration,and if it would be transferred after 15 years,it must be transferred to certain catagory of State Govt Officers..."

Secondly the lease deed provides, that,

"...if one wishes to give such flats on rent,what procedure is to be adopted,as nothing is written on this in such application form...".

The lessee (allottee) is already on rent, where no sub-letting must have been provided in the lease and licence deed. The document has to be referred by some local prudent lawyer.

Thirdly,people are suggesting that,

"....it's very troublesome to sell such property and lot of problems will be there in getting approval and sanction from govt authorities.Is it so?"

The suggestion of people is absolutely correct.

Liss Mome 27 January 2023

Whether a clause prohibiting the transfer of a flat within 15 years from the date of registration and requiring that it be transferred only to certain category of State government officers is legally valid would depend on the specific laws and regulations of the state in which the flat is located. It's recommended to consult with a legal professional in your jurisdiction to understand the legality of such a clause.

Regarding the renting of the flat, the application form you mentioned may not have any information about the procedure, but it is recommended to check with the duck life department of the state government to understand the process and any regulations that apply.

As for the third point, it is possible that the process of selling a flat that is offered on lease by the state government may be more complicated and involve more approval and sanction from government authorities as compared to a privately-owned flat. However, the specific process and difficulty of selling such a flat would depend on the laws and regulations of the state in which it is located. It's recommended to consult with a legal professional and real estate agent for more information about the process of selling a flat offered by the state government.