Dear Sir, i have 3600 sq ft nazool land in Chhindwara distt.of MP distributed in 3 plots,(under our possesssion since 1930,1970 & 1985 respectively).The lease for each of them was granted for 30 years term & not renewed since expiry due to unwillingmess on govt part & some complication in our family ( as its on joint name & my uncle settled abroad not willing to participate neither exit).We are continuously depositing the annual rent as per lease agreement & filing apllication of renewal status quo. My question is - can we rent out the property (as we have shops on said land)? Will the tenant get some right over said land if the lease is expired or can they claim lease on their own name from government later on? Will breach of any of lease conditions affect our title if some dispute arises in future?Your advice on conditions we can put in rent agreement to safeguard our rights? out?How can we get the renewal of lease done when my uncle is unwilling to participate? Thanking you in anticipation. Regards.
1) under no circumstances rent out the property . you cannot create third party on leased property without consent of lessor ie govt .
2) if you do so govt can file suit for eviction against you for violating terms of the lease deed .
3) you can file writ petition in HC to direct govt to renew the lease deed as inspite of expiry of lease annual rent has been accepted by govt for number of years
you can request govt to renew lease in your name only and not in joint names as uncle has settled abroad
Thnx for your reply Sir. Can we file a writ petition if breached the condition of purpose for which lease was granted(in one of three plots,we have constructed upon the area not meant for.acquired decree from sesssions court in year 1988 in our favour as we also took lease & permission to construct from Municipal who also claimed its right on the said land & later collected land rent from us as well) ? Will it be safe? Can we get a new lease as per present status on plot by getting penalised for breach? Can Municipal also renew the lease as high court has given order in its favour just one month back?How can we resolve our uncle issue in the case though there is no dispute among us its just his lack of interest in property in India? Regards.
Hi,
First you initiate the steps to renew the lease in your name. This can be done by giving an application to remove your uncles name as he has settled abroad, since you have done this an dno response from the authority , you have to approach the court for the order. You can rent out the shops and not the land once the lease is renewed in your name
1) if you have committed breach of terms and conditions of lease then govt wont renew lease in your favour . it is a risky proposition .
2) ask your uncle to give power of attorney in your favour
The lease granted is for what purposes- for residential, commercial or agriculture only then it can be seen whether or not by raising construction of shops amounts to breach or not.As land was leased out so you can not create third party interest thereon. but can let out shop after lease is renewed in your name and name of your uncle is deleted for which you can file writ seeking directions for the same.What orders were given by court to Municipal one month back?if the land has been transferred to Municipality,it can be renewed by Municipality.
Don't rent out the property though you give for rent don't make rental agreement.if you do so govt can take action. If it is to be lapsed renew it if govt doesnot renew you can approach civil court and seek direction
Dear Client,You should go for diection in front of High Court as per Article 227 of the Constitution of India and need more clarification then contact us.
Advocate Anurag Bhatt
Allahabad High Court.
A. Generally, once lease agreement term completed, then lease will be automatically terminated unless renewal the lease agreement.
B. We need for scrutiny of the whole terms and conditions of the lease agreement and the Government has right to take eviction action against you on the basis completion of the lease term and breach of terms and conditions.
C. Alternative Remedy: Better you can issue legal notice to Government by requesting enlarge of the lease term or enter into fresh lease agreement.
D. When you fail to get alternative remedy, then you can approach the High Court by seeking a writ of mandamus to give direction to the appropriate authority.
E. Your uncle can execute GPA in favor of you with respect to the same..
you can file writ petition in HC
