Perpetual Lease of Land - India

Perpetual Lease of Land for use in India.

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This kit includes tools and guidelines to assist you in drafting a Perpetual Lease of Land.

A perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976. A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

Perpetual leases are issued for a specific purpose (e.g. agricultural or commercial). The lease must only be used for the purpose for which it was originally issued. The issue of a lease does not automatically imply it can be used for the purpose issued (i.e. other authorities' approval may be required).

Among others, this form includes the following key provisions:
  • Description of land
  • Commencement
  • Payment
  • Covenants
  • Termination
  • Rights of parties
This attorney-prepared Perpetual Lease of Land packet contains:
  1. Description and Instructions for Perpetual Lease of Land
  2. Perpetual Lease of Land for use in India
Law Compliance: This form is designed for use in India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Perpetual Lease of Land
(India)











This Packet Includes:
   1. General Description
   2. Instructions
   3. Perpetual Lease of Land (India)






General Description
Perpetual Lease of Land
(India)

A perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976.   A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

Perpetual leases are issued for a specific purpose (e.g., agricultural or commercial). The lease must only be used for the purpose for which it was originally issued. The issue of a lease does not automatically imply it can be used for the purpose issued (i.e., other authorities' approval may be required).

Generally the President of India is the title paramount for such a leasehold property. Annual lease charges are required to be paid to the Land & Development Authority (lessor). Depending upon the covenants of the lease deed, prior permission of the lessor (i.e., Land & Development Authority is required to transfer the property).





Instructions
Perpetual Lease of Land
(India)

Some Important Terms to Consider:

   Terms for Payment. The lessee and lessor have to agree upon the terms on the price and other expense for transfer of property. The time required for payment of last installment of property must be decided upon.

   Stamp Duty. Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

   Registration. All the documents to be registered have to be accompanied by a prescribed registration fee as per the state, region where it has to be registered. Since rules and (missing language).

Note: Please seek independent legal and financial advice when signing a sales deed and ensure all copies of documents, including the sales deed, is properly read and understood.












DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer/advocate/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters.  No Lawyer-Client / Solicitor-Client /Advocate-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

The use of these materials is subject to the “Terms and Conditions” found at findlegalforms.com.






PERPETUAL LEASE OF A LAND


This Agreement to Lease (Agreement) made and entered into on this the [Day] day of [Month], [Year] (Effective Date)  at _____________, by and between:

_______________ [Land & Development Authority of_____/ Government of ____________________] hereinafter referred to as the Lessor (which expression shall, where ever the context so requires or admits, mean and include his successors, legal representatives, heirs, administrators and permitted assigns); and

Mr. _______________, an individual aged about ____[Mention Age], being the son of [Mention Fathers Name] and residing at __________________________________________ hereinafter referred to as the Lessee (which expression shall, where ever the context so requires or admits, mean and include his successors, legal representatives, heirs, administrators and permitted assigns); and

Lessee and Lessor are individually referred to as the Party and jointly as Parties.

WHERAS, the Lessor hereby agrees to lease out a plot of land (herein referred to as the Property) bearing survey number ______ situated at _____________ in the District ________________ of_________________ State more fully described Schedule annexed herewith, to the Second Party.

Hence, under Government Grants Act 1895, Section 3, duly amended from time to time, this Agreement witnesseth that taking into consideration the rent hereby reserved, the Lessor hereby demises the entire aforesaid Property, described in the schedule hereto and delineated on the plan annexed hereto and thereon shown with its boundaries coloured red, in perpetuity under the following terms:

A. Commencement. The Lease shall commence from the date of this lease (the Effective Date) in perpetuity on payment of yearly rent of Rs____________________ payable   in four quarterly installments.

B. Payment. The First installment of Rs____________________ failing due on __ day of __________________month, the second of Rs____________________ failing due on __ day of __________________month, the third installment  of Rs____________________ failing due on __ day of __________________month and the fourth installment of Rs____________________ failing due on __ day of __________________month.


C. Covenants. The Lessee hereby agrees:

(i)  to pay the rent hereby reserved in the manner stated above.

(ii) to pay all such rates, taxes, and other charges which now are or hereafter may be payable in respect of the aforesaid Property or the buildings to be erected thereon by the Second Party.

(iii) to use the Property solely for the purpose of____________________________________.
(iv) The Lessee shall not in any manner assign the Property hereby demised or buildings etc. to be constructed thereon without the prior permission of the Lessor.

D.  Rights of First Party.

(i) The Lessee shall every year, during day time, grant permission to the Lessor or their agents to enter the aforesaid land and the buildings constructed thereon and inspect the same on receiving a 24 hours' notice for this purpose and upon receiving a notice with respect to any renovation or repairs as may be found necessary by them in writing or left by them in the said plot of land, the Lessee shall remove such defects and get the repairs done within three months of the receipt of such notice.

(ii) The Lessor is entitled to recover the balance amount of the rent fixed under this deed in the form of arrears of land revenue from the Lessee on the Certificate of Secretary, [Tourism Department], Government of ____________, which shall be final and binding on the Lessee.

E. Termination. The default in payment in two consecutive installments of rent shall entitle the Lessor to enter upon the said Property and terminate the lease.

F. Force Majeure. The Parties shall be not liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service].

Either Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimise delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

G. Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect:

(i) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

(ii) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

H. Governing law; Arbitration. This Agreement shall be governed, interpreted and construed in accordance with the laws of India.  Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in ____________ in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as at present in force. The tribunal shall consist of three (3) arbitrators. Each Party shall appoint one arbitrator and the two arbitrators appointed by the Parties shall appoint the third or presiding arbitrator. If the two arbitrators fail to agree on the appointment of the third arbitrator within thirty days from the date of their appointment, the third arbitrator shall be appointed by the High Court of _____________________. The venue of the arbitration shall be ___________________.

IN WITNESS WHEREOF THE Parties have put their respective hands the day and year first hereinabove written.


Signed by the Lessor: __________________________________________

Mr. _______ in the presence of ___________

Signed by the said Lessee: __________________________________________

Mr. _________ in the presence of __________

SCHEDULE:

Description of Property
Number of Pages7
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33492
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Perpetual Lease of Land
(India)











This Packet Includes:
   1. General Description
   2. Instructions
   3. Perpetual Lease of Land (India)






General Description
Perpetual Lease of Land
(India)

A perpetual lease is an ongoing tenure over state land in accordance with the Urban Land (Ceiling & Regulation) Act, 1976.   A landholder of a perpetual lease is responsible for complying with the term of the perpetual lease deed failing which the property/land may be revoked.

Perpetual leases are issued for a specific purpose (e.g., agricultural or commercial). The lease must only be used for the purpose for which it was originally issued. The issue of a lease does not automatically imply it can be used for the purpose issued (i.e., other authorities' approval may be required).

Generally the President of India is the title paramount for such a leasehold property. Annual lease charges are required to be paid to the Land & Development Authority (lessor). Depending upon the covenants of the lease deed, prior permission of the lessor (i.e., Land & Development Authority is required to transfer the property).





Instructions
Perpetual Lease of Land
(India)

Some Important Terms to Consider:

   Terms for Payment. The lessee and lessor have to agree upon the terms on the price and other expense for transfer of property. The time required for payment of last installment of property must be decided upon.

   Stamp Duty. Stamp duty rates are fixed for properties by the authorities. The rate may vary from state to state. The buyer has to ensure that seller has registered the property in buyers name on the rate levied for the property transferring.

   Registration. All the documents to be registered have to be accompanied by a prescribed registration fee as per the state, region where it has to be registered. Since rules and (missing language).

Note: Please seek independent legal and financial advice when signing a sales deed and ensure all copies of documents, including the sales deed, is properly read and understood.












DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer/advocate/solicitor/barrister can provide legal advice.  A lawyer/solicitor/barrister should be consulted for all serious legal matters.  No Lawyer-Client / Solicitor-Client /Advocate-Client relationship is created by use of these materials.  
THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

The use of these materials is subject to the “Terms and Conditions” found at findlegalforms.com.






PERPETUAL LEASE OF A LAND


This Agreement to Lease (Agreement) made and entered into on this the [Day] day of [Month], [Year] (Effective Date)  at _____________, by and between:

_______________ [Land & Development Authority of_____/ Government of ____________________] hereinafter referred to as the Lessor (which expression shall, where ever the context so requires or admits, mean and include his successors, legal representatives, heirs, administrators and permitted assigns); and

Mr. _______________, an individual aged about ____[Mention Age], being the son of [Mention Fathers Name] and residing at __________________________________________ hereinafter referred to as the Lessee (which expression shall, where ever the context so requires or admits, mean and include his successors, legal representatives, heirs, administrators and permitted assigns); and

Lessee and Lessor are individually referred to as the Party and jointly as Parties.

WHERAS, the Lessor hereby agrees to lease out a plot of land (herein referred to as the Property) bearing survey number ______ situated at _____________ in the District ________________ of_________________ State more fully described Schedule annexed herewith, to the Second Party.

Hence, under Government Grants Act 1895, Section 3, duly amended from time to time, this Agreement witnesseth that taking into consideration the rent hereby reserved, the Lessor hereby demises the entire aforesaid Property, described in the schedule hereto and delineated on the plan annexed hereto and thereon shown with its boundaries coloured red, in perpetuity under the following terms:

A. Commencement. The Lease shall commence from the date of this lease (the Effective Date) in perpetuity on payment of yearly rent of Rs____________________ payable   in four quarterly installments.

B. Payment. The First installment of Rs____________________ failing due on __ day of __________________month, the second of Rs____________________ failing due on __ day of __________________month, the third installment  of Rs____________________ failing due on __ day of __________________month and the fourth installment of Rs____________________ failing due on __ day of __________________month.


C. Covenants. The Lessee hereby agrees:

(i)  to pay the rent hereby reserved in the manner stated above.

(ii) to pay all such rates, taxes, and other charges which now are or hereafter may be payable in respect of the aforesaid Property or the buildings to be erected thereon by the Second Party.

(iii) to use the Property solely for the purpose of____________________________________.
(iv) The Lessee shall not in any manner assign the Property hereby demised or buildings etc. to be constructed thereon without the prior permission of the Lessor.

D.  Rights of First Party.

(i) The Lessee shall every year, during day time, grant permission to the Lessor or their agents to enter the aforesaid land and the buildings constructed thereon and inspect the same on receiving a 24 hours' notice for this purpose and upon receiving a notice with respect to any renovation or repairs as may be found necessary by them in writing or left by them in the said plot of land, the Lessee shall remove such defects and get the repairs done within three months of the receipt of such notice.

(ii) The Lessor is entitled to recover the balance amount of the rent fixed under this deed in the form of arrears of land revenue from the Lessee on the Certificate of Secretary, [Tourism Department], Government of ____________, which shall be final and binding on the Lessee.

E. Termination. The default in payment in two consecutive installments of rent shall entitle the Lessor to enter upon the said Property and terminate the lease.

F. Force Majeure. The Parties shall be not liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service].

Either Party asserting Force Majeure as an excuse shall have the burden of proving that reasonable steps were taken (under the circumstances) to minimise delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated.

G. Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction that shall not affect:

(i) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or

(ii) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

H. Governing law; Arbitration. This Agreement shall be governed, interpreted and construed in accordance with the laws of India.  Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in ____________ in accordance with the provisions of the Arbitration and Conciliation Act, 1996 as at present in force. The tribunal shall consist of three (3) arbitrators. Each Party shall appoint one arbitrator and the two arbitrators appointed by the Parties shall appoint the third or presiding arbitrator. If the two arbitrators fail to agree on the appointment of the third arbitrator within thirty days from the date of their appointment, the third arbitrator shall be appointed by the High Court of _____________________. The venue of the arbitration shall be ___________________.

IN WITNESS WHEREOF THE Parties have put their respective hands the day and year first hereinabove written.


Signed by the Lessor: __________________________________________

Mr. _______ in the presence of ___________

Signed by the said Lessee: __________________________________________

Mr. _________ in the presence of __________

SCHEDULE:

Description of Property

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