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Regular-article-logo Friday, 04 July 2025

CASE FILE

We have a flat rented from C. I. T. since 1965. The same was handed over to us in 1996 on a 99-year lease basis in the name of my father. My father died in 2001. We have written several letters to C.I.T. to transfer the lease to my name enclosing death certificate and the disclaimer certificate from my mother and brother. Although the lease deed very clearly stipulates provision of transfer of the property in the event of death of the lease holder, C. I. T. is not taking an action. Please let me know what action can be taken in this regard.

ALOKE K. MITRA ADVOCATE ADVISES Published 04.02.04, 12:00 AM

We have a flat rented from C. I. T. since 1965. The same was handed over to us in 1996 on a 99-year lease basis in the name of my father. My father died in 2001. We have written several letters to C.I.T. to transfer the lease to my name enclosing death certificate and the disclaimer certificate from my mother and brother. Although the lease deed very clearly stipulates provision of transfer of the property in the event of death of the lease holder, C. I. T. is not taking an action. Please let me know what action can be taken in this regard.

S.Sengupta, Bechulal Road, C.I.T. Buildings, Calcutta

You have stated that the lease deed clearly stipulates provision of transfer of the property in the event of death of the lease-holder, but without going through the terms and conditions mentioned in the deed it is difficult to advise. However, you may consult your advocate who will send a legal notice to C. I. T. after going through the deed of lease and then will advise you whether to move before Hon’ble High Court under Article 226 of the Constitution of India or to file a suit for declaration before appropriate court praying for a direction to enrol your name as a lease-holder.

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