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Smita_L01042008 (student)     30 November 2010

What is freehold property

Dear members,


Please guide what is the meaning of freehold property. can a owner convert his property in freehold property.


Regards to all members.


 13 Replies

VIJAY MONGA (ADVOCATE)     30 November 2010

Hi Sam,

Properties which are allotted by DDA, L&DO, Delhi Admn or any other authority on 99 years lease basis are called leasehold properties.  Here you are not entitled to pass the title of property in all respect from one hand to other without permission of Lessor authority.  In other manner if purchase a leasehold property you can not get a Sale deed registered in your name unless you get it converted into a freehold one.   When the property is converted as a freehold property you become free from the control of Lessor authority.

Bharatkumar (ADVOCATE )     01 December 2010

I agree with Mr. Vijaybhai.

Smita_L01042008 (student)     01 December 2010

Thank you Mr. Vijay Monga and Mr. Bharat kumar.


Please guide how one can verify whether a particular property is freehold property or not.


whether the concept of freehold property is applicable to both land and building or not.



VIJAY MONGA (ADVOCATE)     01 December 2010

i)  Where a Conveyance Deed has been registered in favour of the lessee or subsequent purchaser duly executed by the Lessor authority, it means the property is freehold one.

ii) The concept of freehold is applicable to land & flats built and allotted by the Lessor authority.  The structure/building privately developed upon an allotted plot has nothing to do with this concept of freehold.

Any other question ? 

Piyush Aggarwal (student)     07 January 2012

Sir i have a flat at second floor in karol bagh, new delhi.

Q. Can i get it freehold.

Q. If yes then what is the procedure??

Q. If no the why not and if there is any other way to get it freehold.

Please guide me.


VIJAY MONGA (ADVOCATE)     08 January 2012

My dear Piyush,

Please go through my replies above.  Write me first that under which authority your property is governed ?  Like whether it has been allotted by DDA, Land & Development Office (L&DO) or MCD etc., then I can guide you.

Piyush Aggarwal (student)     08 January 2012

Sir, i dont know under which authority is my property is governed but i pay my house tax to MCD, so may be it is governed by the same.

I have also gone through with your above replies but sir i want to know about my seperate(II floor) property, is it possible for such property to get freehold and sir my property is legally registered while purchasing i.e., i have proper sale deed.

VIJAY MONGA (ADVOCATE)     09 January 2012

My dear Piyush,

If you can then send me a scanned copy of your Sale deed to find out that under which property your property is governed at my ID  or call me on 9811121270.

raj kumar ji (LAW STUDENT )     09 January 2012

vijay sir .my nana ji take a property on lease from kda(kanpur authority of india ) to my nani ji name after that he build a house on that property .now my nana ji and nai ji was passed and my nana ji make a will and divided his property .mw nana ji says that no one can sell the property .the property is lease hold and my 3uncle(mama )ji want to sell this proiperty .and the 2 daughters can not want to sell the property of her father .now the mama ji is says that to sighn on the leasehold property to free hold .now what should the daughters take action ?

VIJAY MONGA (ADVOCATE)     09 January 2012

Sorry, it is very hard to understand your words.  Whatever I could get is that your uncles want to get the said property converted into a freehold one and thereafter to sell the same whereas their sisters do not want to sell the same.  There is no harm if their sisters sign those documents which are required for the conversion of property from leasehold to freehold one but with due causious. First they should get the documents verified before puting their signatures. If they do not want sell the property nobody can compel them.  They can even file a suit for partition & permanent injunction.

raj kumar ji (LAW STUDENT )     10 January 2012

yes u r absolutly right sir u understand what i m saying .

but my nana ji make a will in his will he divided his property to his three son.and he says that my two daughters hashappy in her family .

now the daughters can file a suit to partition & permanent injection ?????


VIJAY MONGA (ADVOCATE)     10 January 2012

If your Nana ji had made a Will in respect of the property in question in favour of his three sons debaring his two daughers and the Will is duly registered and properly executed as per the provisions of law then your uncles have a strong case in their favour. These two daughters can go to the Court because no one can restrain anybody for filing a suit in the Court law but the success of suit depends upon certain facts and circumstances related to the matter.

sandeep dhiman (prop)     09 July 2013

Sir, my father purchased a property in 1985 on GP from the alloty and we take the possession, we are in the possession of that property, but in 2007 some person came and clamed that they are the owner of that property, they have registered GP from noida, we have full ownership electric connection, water connection, we pay MCD taxes & MCD Mutation in name of my father, infect we have freehold from DDA came they challenge free hold property by law    

please guide me



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