Sale of Lease hold property after separation with the family?

816 votes

most lease hold properties can not be sold till its freehold, however the property can be partition in between the members of Hindu undivided family after separation each member is become the owner of his share in the property which can be sold and transferred after the property become freehold. or as per the terms and condition of the lease hold agreement.

Advocate Yogesh Kumar Vidyakar LawRato

935 votes

Dear Sir,

You cannot all the property without the consent of the other family members. You should sign a relinquishment deed for allowing you sell of the property and secondly as you stated that property is leasehold therefore you cannot sell it until it is freehold

As per law a person cannot give a title better than what he has. Therefore if the property is leasehold it means state owns it therefore legally you have no rights to sell it as you are not the owner till it is freehold.

Please feel free to contact in case of further assistance.

LawRato LawRato

631 votes

Please infirm whether the partition deed is registered or not. Subject to certain conditions, you may alienate your share in the property. Rights as a lessee in a perpetual lease can also be sold off.

Advocate Avneesh Garg LawRato