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averi.sengupta@yahoo.com   31 July 2025

Lease property partition

Sir, We have a property at Saltlake, Kolkata. The leasehold property have 3 legal heirs. The Mutation is already done. We want to distribute the property but it is not mutually settled. What can we do to distribute the property? Is Partition suit is possible on this lease hold property?


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     31 July 2025

You can execute a partition deed for the leased property, clearly mentioning the leasehold rights.

T. Kalaiselvan, Advocate (Advocate)     01 August 2025

A leasehold property can be partitioned among legal heirs, but the specific terms of the lease and local laws will dictate how this is done. 

Partitioning involves dividing the property rights, not the land itself, as the land is typically owned by a freeholder. 

Partitioning refers to dividing the leasehold rights among co-owners (legal heirs in this case). 

Upon the death of the lessee, their legal heirs typically inherit the leasehold rights. 

If co-owners cannot agree on a partition, a suit for partition in court might be necessary. 

 

Advocate Bhartesh goyal (advocate)     01 August 2025

Yes ⁷leasehold property can be partitioned among legal heirs of lessee subject to terms and conditions of lease agreement 

 


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