99 year land lease sign should you register or not, is a notarised document valid.

#1 Jun 13th, 2011, 20:55
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  • davinia is offline
#1
Hi
Does anyone know the following rules in Gujarat.
1. if you sign 99 year lease for land do you have to register it to be valid?
2. is a notarised lease agreement valid or should you register.
3. what do you have to do to surrender registered lease, apply to courts?
4. is same for notarised lease?

confused:

thanks
#2 Jun 13th, 2011, 21:01
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  • professorm is offline
#2
I strongly recommend that you hire an attorney in the state of the lease. At any rate, you should have it registered.Fire the attorney if he or she says to the contrary.

You should be prepared to defend it in court if challenged.
#3 Jun 13th, 2011, 21:25
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  • goangoangone is offline
#3
Check and double check. Notarised documents have a price.
GoanGoan......here & there
#4 Jun 13th, 2011, 23:58
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#4
My understanding is that a Notary Public is a Commissioner for Taking Oaths, not a conveyor of land title. They may facilitate, but can not perform land conveyance.

I further understand that lease arrangements exceeding one year in India require registration. If you have a longer lease that you do not register, you still have a lease, however it would only be a lease for one year, less a day, no matter what the document says.

If what I understand is correct, then at the end of eleven months, the lease would become a month to month lease which could be terminated on 15 days notice.

I would therefore suggest that you should register your long term lease. Registration is not external to, or mere gilding upon the transaction. Rather, the purchase transaction is an important precondition prior to the main event, which is registration.

The bottom line would appear to be that a notarized document constitutes a type of evidence but does not create title. The value of your notarized document is that you may thereby secure registry of your leasehold, which will then convey to you the title you are paying for.

I would recommend that you consult with the Notary executing the lease document as regards registration formalities, and that you consult with a lawyer prior to proceeding with your lease if you do not intend to register it.
#5 Jun 14th, 2011, 00:30
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#5
Thanks for that; to the point we live in London;
1. my husband signed a 99 year lease in 2006 on some Non Agricultural land with a husband and wife and registered it in Surat District with rent amount to pay yearly.
2. in 2007 he signed a supplementary agreement, witnessed by Notary and Advocate in Surat, adding his partner in, so husband and wife landlord and my husband and partner, he paid all rent in full for 99 Years. This was notarised, we were advised we did not have to register.
3. in 2009 he approached us with business deal, 50 / 50 partnership they were going to apply for petrol station on land. My husband mentioned that his partner was not here, the landlord said once application is accepted we can do the necessary.
4. We went to Notary Public he advised, we can prepare a document for oil company to submit with application, along with 1st registered lease. Petrol station never happened, they were trying to scam us.
5. We never submitted a deed of surrender for lease, or went to court, because we found out a scam.
6. Notary said document on its own is not worth anything as not submitted to court.
7. Now he is trying to sell land and disappear to USA.
So many people want to invest in India but are scarred of being scammed, now we have to fight in court and defend what we is rightfully in our possession for 99 years.
He also a Goondha in the village so he goes around threatening and badmouthing all the time.
Your advise would be appreciated, if you know of similar case.
thanks
#6 Jun 14th, 2011, 00:33
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  • davinia is offline
#6
Does anyone know the procedure to cancel a registered or notarised lease.
#7 Jun 14th, 2011, 09:37
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  • dillichaat is offline
#7
Quote:
So many people want to invest in India but are scarred of being scammed, now we have to fight in court and defend what we is rightfully in our possession for 99 years.
The first question you should ask yourself is wether you one way or another placed yourself in a position where you can easily be scammed. It seems so (99 year lease is a popular -and fatally flawed- scheme for 'acquiring' property by persons not entitled to do so, paid up in advance, difficulties with registration)....... There's enough legitimate investors who run into trouble in India.

Find competent legal advice from a reputed real estate lawyer. Perhaps go through one of the major consulting firms to localize him, there's lots of incompetent fools out there who will just take your money and accomplish nothing.
#8 Jun 14th, 2011, 10:00
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  • capt_mahajan is online now
#8
My post will be of no value to the OP, who should skip it.

For all those foreigners/NRIs looking at investing in India long term, the mutual fund route is a much better option than property. Better regulated, no chance of being scammed (provided you avoid financial advisors, including from reputed banks, like the plague) and much easier entry and exit.

Property in India is a landmine even for residents. Numerous stories of scams and crookery abound, including families fighting amongst themselves over property, legally and otherwise. The family member who is abroad usually gets the short end of the stick, and often no stick at all.
#9 Jun 14th, 2011, 10:57
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  • professorm is offline
#9
Davinia ---

It appears you will be involved in a long litigation battle with low probability of success. Perhaps, this person has sold multiple similar leases on this property to other parties as well! Property fraud is quite widespread in India! If you live abroad and own property in India, sell it or lose it.
Last edited by professorm; Jun 15th, 2011 at 06:37..
#10 Sep 8th, 2011, 23:11
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#10
i pray to god that you don't lose any of your hard earned money. but i seriously recommend you to hire a good advocate at the earliest. land scams happen all the time. even corporates are not spared. some time back an mnc SUZLON had entered into a sililar 99year lease agreement with some individuals in my state kerala for setting up wind power project. they paid money for the land and have installed more than 25 windmills for electricity production. now recently the government came out with a ruling that the land belongs to the tribals and big issues are happening here. so beware..

one more thing.

beware of the advocates too. do double background checks , get references etc.. i personally got cheated by one of them here on the account of me wanting to file a lawsuit against one company based in delhi. the advocated duped me by telling that he had to remit 2,00,000 inr in the court so as to file a compensation case for 20,000,000. thatz the scene here. beware..
#11 Sep 8th, 2011, 23:29
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  • oldy is offline
#11
hello capt_mahajan!
mutual fund route? please explain.
Thank You!
oldy

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