bomneedhelp77 (owner) 06 January 2011

Lessee's rights in assignment/transfer of lease

I am a lessee in a property for the last 50 years . The lease was assigned to me by another lessee B

Lessee B was assigned the property by lessee C in 1950 and lessee D was leased the property by the original owner /lessor E in 1945.

Each lease agreement conferred full rights on the lessees to assign,rent and use . However in the earliest lease of 1945 there is a clause which states that assignment can only be done with the express approval of the original lessor. This was not followed by subsequent assignments . Now the lessor is claiming - after 50 years that our lease is invalid and is asking us to vacate. That too after collecting lease rent. Does the lessor have any legal standing in this case ?

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4 Replies

bomneedhelp77 (owner) 06 January 2011

can someone please respond . This matter is urgent . Prop is in mumbai

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 06 January 2011

People asking URGENT and MOST URGENT and also THANKING IN ADVANCE need not be bothered.

THEY ARE SHOWING ARROGANCE.

Santosh Sharda (self) 10 January 2011

His accepting the lease rent for all this time leads to the presumption that he has given his assent. You need not bother.

kiran 11111 (Executive) 14 January 2011

Lease can be assigned to another. The original lease agreement has stipulated that subsequent assignment of lease must be approved by the lessor. Despite this there have been , three to four further assignments. Lessor was required to terminate the tenancy at the first instance of assignment of lease without his consent . By not taking any action , he has acquisced to the assignment. After a lapse of 50 years , how he can take action to terminate the tenancy.

But it is also necessary to see that what is the duration of the lease? Lease may end after the expiry of its duration.