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KamalNayanSaxena (lawyer)     13 July 2008

Permission to sale - Requirement

Land alloted on 99 yr's lease by Development authority.

Why the sale permission from DA is required at the time of selling it?

If permission not obtained, effect on sale?



 7 Replies

GOPI KRISHNA (ADVOCATE)     13 July 2008

Basically the deed is a lease deed and allottee is a lessee of the plot and normally the 1st charge is always held by the Development authority, further the land is allotted for specific purpose, in view of lease the sale of land/plot is not possible and permission from development authority is required, also the allottee can not directy sell the land first the allottee shall surrender the plot to the development authority and then the authority can sell or lease the plot to the prospective purchaser


in the abscense of permsion from the development authority sale is illegal and not valid in law and the authority can ake back the land from the purchaser

KamalNayanSaxena (lawyer)     14 July 2008

As held by high courts and Supreme court "99 yrs lease is a complete sale under Tranfer of Property Act. and restricted rights can't be implemented on lessee/purchaser.

aruntrivedi (lawyer)     14 July 2008

Such Lease are always conditional and conditions imposed should be studied first. As a lawyer and having thorough knowledge of revenue matters, I would say lease must have been granted conditionally and sale of land is not possible. However, you can sale the rights available under the lease after studying the conditions imposed by the authority. Lands in any case whatsoever is always granted by government is always conditional and breach of condition will end the lease and authority can ask you for eviction and possession of land and may demolish if any structure is existing. write the conditions mentioned in the lease papers. Of course the 99 years lease is as good as sale under the Transfer of Properties Act, but you are not owner of the land. Only the onwer can sale the land or property. You can go for selling Lease Rights. Because the Lease Rights are also your property.

podicheti.srinivas (advocate/legal consultant)     15 July 2008

the lease given to you is with a condition that is for a period of 99 years.you are not the absolute owner of the property.you have only lease hold rights.you can as well sell your lease hold rights for the remaining period.


your status as a tenant had not transformed into ownership, when you have no title/ownership to the property so you cannot sell the same,you cannot pass on a better title  to the purchaser other than wht you have.

Y V Vishweshwar Rao (Advocate )     11 March 2009

lease is always a lease it can not be   termed as Right to sell the proerty . The terms of the Lease Deed will specify the rights of the parties . As opined by other lerd members , it is true  Govt Agency will always stipulate conditions  in leases and  even  stipulates certain conditions  in  the sale dees  Govt .  You are advised to go through the temrs of the Lease Deed  which  gives right to you  on the property . I agree with the view expressed by other lrd memebrs ....

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com)     14 March 2009

TERMS OF LEASE IS IMPORTANT. HWETHER PERMISSION TO CONSTRUCT /ASSIGNMNET OF RIGHT IS GIVEN OR NOT?


IF ANSWER IN AFFIRMATIVE THEN LESSOR PERMISSION IS MANDATORY.


I AGREE WITH VIEW OF ADV GOPI KRISHNAN.

Kaustubha (Student)     31 July 2009

 Hello sir,

 

I wanted to know wat are the rights that a lessee has when he has constructed a building on a land upon termination of the lease.

 

The lease was for a period of 25years.

the lessee had rights to construct the building.

 

Thank you!


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