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SARAN82 RUTWIK (DSFDSFDSF)     07 August 2022

Lease hold property

Mere Husband ko  Bihar State Housing Board se Land LEASE par land alot hui thi in 1982.

Recently in 2022 I came to Know some part of the Land has been gifted by my Husband to someone else. Now the  Donee wants to sell that portion of the land. I want to stop him from doing this. 

I want to know-

1) Leased Property ka GIFT ho sakta hai kya?

2) Who is The Owner of Leased Property either the Lessor or the Lesse?

3) Is it possible to cancel the gift?

4) Is it possible to stop Any Transfer of the property in future. 

 

Thanks in advance 

 

 

 



Learning

 4 Replies

Dr J C Vashista (Advocate)     07 August 2022

@ Saran,

Question-wise my opinion and advise is as under:

Q 1.Leased Property ka GIFT ho sakta hai kya?

A. Nahin.

Q 2) Who is The Owner of Leased Property either the Lessor or the Lesse?

A. You have already answered your own query, it is Lessor i.e., Bihar State Housing Board is the owner in this case.

Q 3) Is it possible to cancel the gift?

A. The gift could not have been registered , however, it can be declared as illegal, invalid and "null and void" by competent authority/ court of jurisdiction.

Q 4) Is it possible to stop Any Transfer of the property in future. 

A. Yes, it can be restrained for further transfer of the property. Consult and engage a local prudent lawyer for professional advise and necessary proceeding.

Disclaimer: This is purely personal opinion / advise.

Best wishes

Dr. (Maj) J C Vashista,

Advocate

Supreme Court of India
 

Advocate Bhartesh goyal (advocate)     07 August 2022

Well explained by expert Dr.J.C.Vashista, I agree with him.

Haseena Advocate   07 August 2022

Hi I am advocate K. Haseena, and I received your enquiry . We can discuss it in detail if you are looking for a professional advice or legal support.

Shashi Dhara   07 August 2022

Clarify whether he has given it for sub lease  or gift ,if it is gift it  becomes void ab intio , obtain stay from court.


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