Bikas Roy 03 June 2023

Partition suit possible in lease-hold property (salt lake city ,kolkata)?

Partition suit is possible in Lease-hold property (Salt Lake City ,Kolkata)? Property is in my father's name,he has expired with no will done.

Thanks for your kind response

Regards

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This discussion explores whether a partition suit is possible for leasehold property in Salt Lake City, Kolkata, when the property is inherited from a father who passed away without a will. While leasehold property itself cannot be directly transferred, the structure built on leased land can potentially be partitioned among legal heirs. It's advisable to obtain NOC from authorities or jointly apply for conversion to freehold before proceeding.

2 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 04 June 2023

Lease hold property cannot be transferred.

T. Kalaiselvan, Advocate (Advocate) 04 June 2023

Property constructed on leased land can be partitioned among legal heirs of person who constructed such property.

the Hon'ble High Court of Delhi in Madan Lal Vs. Kuldeep Kumar MANU/DE/4039/2013, which states that the property on leasehold and on the basis of government policilies also can be partitioned.

However it may be pertinent to obtain NOC from authorities concerned or convert the same to freehold before venturing into the proposed partition, the conversion can be applied for by all the legal heirs jointly.

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