Some leases are un-restricted i.e. prior permission of the lessor is not required
before any assignment or transfer of lease-hold rights.
However, in restricted leases permission of the lessor is a pre-condition for
assignment or transfer of lease hold rights by the lessee.
Since gift is a mode of transfer of the property, permission of the lessor shall be
granted to the lessees or his duly authorised attorney by the Land & Development
PROCEDURE FOR SEEKING AND GRANT OF GIFT PERMISSION:
for seeking gift permission of the property by the lessee or his duly authorised attorney
and grant thereof by the Land & Development Office shall be the same as in the case of
grant of permission for sale of the property.
GIFT WITHOUT PERMISSION:
A lessee shall
not transfer his/her right in the lease-hold without the permission of the lessor where
such permission is required. Since gift is a
mode of transfer of property, gift without permission shall be breach of terms of the
lease. Such breach may be regularised on
payment of penalty of unearned increase, if recoverable.
The rates of penalty shall be the same as in the case of sale without
GIFT WHEN NOT TREATED AS TRASFTER FOR RECOVERING UNEARNED INCREASE:
two instances of gift of property shall not be treated as transfer and neither unearned
increase shall be recoverable nor shall the ground rent revised:-
Gift of properties to the members of ones own family out of natural love and
(ii) Gift to a charitable institution subject to its furnishing of a certificate that it has no objection in accepting to property in gift.