HT Estates - - HTESTATES - Su­nil Tyagi

I re­cently be­came aware that my ten­ant has sub-let my prop­erty to a third party, with­out tak­ing my con­sent. Can he do so?

—Anand Sharma From the facts pro­vided, it is not clear whether or not the lease deed con­tains a clause pro­hibit­ing the lessee from fur­ther sub-let­ting the prop­erty dur­ing the lease term.

In case there is no ex­press stip­u­la­tion in the lease deed which pro­hibits the lessee from fur­ther sublet­ting the prop­erty, the lessee is en­ti­tled to sub-let the premises.

In his will, my de­ceased fa­ther had be­queathed en­tire ownership of a va­cant plot in favour of my mi­nor son. We are now keen to sell the plot and in­vest the sale pro­ceeds in a new prop­erty. Can we do so? If so, how should we pro­ceed?

—Vi­jay Ahuja As your mi­nor son is cur­rently the absolute and sole owner of this prop­erty, it can only be trans­ferred after you (as nat­u­ral guardian) ob­tain prior per­mis­sion from courts to do so.

De­pend­ing on the facts and cir­cum­stances of the case, the court may per­mit trans­fer of the prop­erty on con­di­tions as the court may deem fit, or may not per­mit such trans­fer if it may en­dan­ger the wel­fare and in­ter­ests of the mi­nor.

I had given my com­mer­cial prop­erty on lease for a to­tal term of nine years. Even though the ini­tial two years of the lease term was mu­tu­ally agreed as a lock-in pe­riod in the lease deed, the ten­ant re­cently served me with a notice for ter­mi­nat­ing the lease, on the premise that the lease deed is an un­reg­is­tered doc­u­ment. As only one year of the lease has ex­pired, what re­course can I take against the ten­ant?

—Karan Katyal As the lease deed in ques­tion has not been duly reg­is­tered, the ten­ancy that was cre­ated is a month-to-month ten­ancy, wherein ei­ther party may ter­mi­nate the lease at any time with prior notice, ir­re­spec­tive of lease term and lock-in pe­riod pro­vi­sions agreed to in the lease deed.

Hence, sub­ject to other facts and cir­cum­stances, your lessee may be en­ti­tled to ter­mi­nate the lease dur­ing the lock-in pe­riod.

The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work.

If you have any queries, email us at ht­es­tates@hin­dus­tan­ or


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