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V.K.Deshpande (Agriculture)     09 August 2010

Transfer of leasehold rights by tenant

My father gave an agriculural land on permanent lease,for nonagricultural use,in 1945.The company went into liduidation within ten years and the proceedings went Bombay High Court.The liquidator is said to have "sold"

leasehold rights  in an auction to another company,with the same terms and conditions.Later this company became sick and transferred their properties,including the Leasehold rights of this land,without the owners' knowledge or consent.,again on same condiotions.

Now my question is whether the agreement which my father entered into with the the original company,can not be termnated or changed by his successors?There is no clause in original agreement about such situations.

Are there any rulings by Supreme court about the rights of owners or tenents in the transfer of such leasehold rights,without the consent or knowledge of the owners?The persons who entered into the original agreement are all dead now.



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 5 Replies

Dhara Shah (Law Officer)     09 August 2010

The agreement made by your father can be changed only if he has given you the right of ownership over the property or you can also file a suit as being an interested party in the property for that you need to have no objectioin certificate from court and other successors or legal heirs.

For other questions  you need to sit with the lawyer as the term and conditions of the contract are to be considered.

Regards,

raj (Lawyer)     09 August 2010

As I understand : You father had given the property in question on long term lease basis. Subsequently, upon completion of Lequidation process, O.L. leased it to another company and altered the terms and conditions of the same.... As far as I know, there is no direct rulling over this issue by Supreme Court as yet. A similar issue is pending in Supreme Court. The crux of the pending matter, apart from other issues, is that : Earlier, the Mill owners used to take lands on 99 years lease from the owner and when such Mill goes into lequidation then who will be entitled to the property The Lessor or the O.L. of the said Mill??

Procuring papers, orders of that matter might be helpful.

V.K.Deshpande (Agriculture)     09 October 2010

I wish to know whwther the official liquidater of Bombay HC or the tenans have a right to assume the role of owner,while transfeering the leasehold rights of the land,along with other assets of the company.In this case the tenant has deliberatly included the land amond the assets and them under that guise,have said that it is a sale of leasehold rights,indirectly suggesing that I have no other ights excepat go on collecting the rent fixed 65 years ago.What are my rights as the owner under the present situation-can I sell the land or leasegold rights to someone  else if they are ready to purchase?

KEYUR ANILBHAI PATEL (appeallant)     31 May 2012

Kindly follow the SLP(civil) 29282 of 2008, similar question is pending before the Honourable Supreme Court in the said SLP, "Whether Liquidator can create a third party right or not?". The out come of the said SLP may helps you to understand & will put some light to your question. Right now there is Stay on liquidator to create third party right, In earlier response to your question, I think Advocate Raj may be refering to the same matter.

KEYUR ANILBHAI PATEL (appeallant)     31 May 2012

Kindly follow the SLP(civil) 29282 of 2008, similar question is pending before the Honourable Supreme Court in the said SLP, "Whether Liquidator can create a third party right or not?". The out come of the said SLP may helps you to understand & will put some light to your question. Right now there is Stay on liquidator to create third party right, In earlier response to your question, I think Advocate Raj may be refering to the same matter.


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