Cancellation of expired lease agreement of agricultural land in india


#1

Hello Experts - I am planning to buy an agricultural land which was leased for 10 years (i.e in 1997 the lease agreement was made for the duration of 10 years) and the lease term is expired now. The lease was registered and show up in the Encumbrance Certificate. Though the lease term is expired, the owner of the land did not contact the lessee to cancel the lease agreement due to personal issues between them. Is it okay to buy the land without the lease being properly cancelled (i.e the cancellation show up in the Encumbrance Certificate)? Or is there any alternative to the cancellation getting recorded?
The landlord have not received any rent after the lease expired. Also the lease was signed when the current owner’s Father was alive in whose name the property was registered. Since he is no more, the property automatically comes under the control of his wife who is willing to sell it to us . The LESSEE also got EXPIRED and his daughters who is one of the relation to the owner is not in good terms and hence the owner did not ask for lease cancellation. The land is still uncultivated from the beginning. Is it a must to have a formal lease cancellation in this case and register it or we can go ahead and buy this land only with owners willingness?
Here both the Landlord and Leesee were no more and their successor are present. So what is best way to sort out this problem.Suggest the best way.

Thanks and Regards

 Sadanand

#2

To help you out first we need to know terms and conditions of lease agreement.


#3

Hi Sadanand,
You should nit buy any property without proper encumberance certificate. You should first see whether there is an auto renewal in the lease agreement .if there is cancel it and then get the ec certificate before buying thus property.