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Bk Periwal   21 March 2023

Transfer of property

A property is allotted on perpetual deed. The alottee dies leaving Will. On the basis of Will the property is mutated in the name of 3 sons. Later the 3 sons apply to purchase reversionary right and after payment Conveyance Deed is executed. Undoubtedly 3 sons are absolute owners of the property after Conveyance Deed. It comes to knowledge that before the mutation of lease and after the death of the alottee they executed  a Relinquishment Deed for the lease property. The Lease is specific no one shall sell, transfer or assign any part of whole of the property without permission of Lessor. No permission was taken so the 3 sons never pressed for the RD. Now after the conveyance deed is executed the 2 brothers who received the share of lease property  by RD wants to sell the property on the basis of RD. What is legal status. 


 1 Replies

Dr J C Vashista (Advocate)     21 March 2023

Section 33  of the Indian Easements Act, 1882 provides for institution of suit for disturbance of easement.which reads as –

The owner of any interest in the dominant heritage, or the occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto;


Provided that the disturbance has actually caused substantial damage to the plaintiff.


One must differentiate between a reversionary right proper (a condition not being a real right) and a pre‑emptive right condition (a condition binding successors in title). The nature and wording of the condition will determine what procedure should be followed on transfer of the land, albeit a forced sale or not and in the case of mortgaging land subject to a reversionary right.


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