Property, Real Estate and Ownership : Law Explained

 Property, Real Estate and Ownership : Law Explained

There are numerous properties which are given in NOIDA on rent ; they are on lease which is collected by NOIDA. There is no sale involved in such properties. Can there be "any agreement to sell" or even "sale deed" or can there be transfer of ownership in such leased properties in NOIDA ?

In case of Om Wati v. Panchi Devi [2011] GCtR 6356 (Delhi), important legal issues related to property and real estate were explained. A said she is owner of property and A gave it on rent to B. But after termination of lease, B did not handed over possession. B said that there was an agreement with A to sell property and B also said that B was paid money by A. Court held that the lessee in this case cannot even claim possession. 

It was concluded that once a lessee had not paid lease amount, then possession cannot continue. 

Further, it was held that written agreement to sell. This decision clearly uses the words "agreement to sell" ; in a  lease where there is no sale possible, there cannot be an agreement to sell. So even possession cannot be protected. 

S.6 (1)(f) and S.7 of UP Industrial Development Act, 1976 clearly permits NOIDA/Gr. NOIDA to sell property or lease property. This clearly negates the argument that properties in NOIDA / Greater Noida are only done on lease. In fact, people deliberately become lessee in NOIDA/ Greater Noida to avoid paying the higher amounts which would be involved in sale of properties. Whatever it appears when there are properties available in Gautam Budha Nagar both on lease and sale and someone instead of buying property choses to use property on rent by taking on lease, then he cannot be allowed to argue that he should be granted ownership of a property on lease deed.