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Bhika Reghiwale   01 October 2021

My query

please clarify Sir,
The municipal council open plot given on lease to us in 1960., and lease deed is over, before 35 years ago.
Now we are residing on this plot since 35 years without any lease or any objections.
Now can we claim it for our property under Supreme Courts 12 years decision of possession ?
Or whether this Land is a public utility ?
We are also havig court judgement stating that we are the sole owner of this land.
Also inform me the charges of lease deed in c class city ( Mahanagr Palica )
please advise me .


Learning

 5 Replies

M V Gupta (Advocate)     02 October 2021

You have stated that you are already having court judgement declaring that you are the owner of the plot. Therefore there is no legal necessity for another suit. In fact, another suit cannot be filed. Stamp duty on lease deed depends on the State Law. Please get it verified from the local stamp act.

Bhika Reghiwale   02 October 2021

Thanking you Sir !

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 October 2021

Leases normally have to be created by deed. However, certain leases can be created under section 54(2) Law of Property Act 1925 without the need for any writing at all. ... In other words, reversionary leases (where the term starts later than the date the lease is completed) are excluded from this section

Bhika Reghiwale   02 October 2021

Sir, The what wlill be the proof of lease deed created by this verbal procedure ?

Dr J C Vashista (Advocate)     03 October 2021

Lease for 35 years has to be compulsorily registered in terms of Section 17 of the Registration Act, 1908.

When the lease period is over, lessee has to vacate and hand over physical possession to lessor.

However, lessee can not claim title of the leased property without execution of transfer documents 


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