Purva Midtown Residences - Bangalore
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Q:  If the lease is for a certain specific period, can the lease be terminated before the end of the period of lease?
A:  Sec.111 of the Transfer of Property Act, gives the circumstances in which a lease could be determined. These circumstances could be summarized as under:-

(a)on the expiry of the period of lease;

(b)on the happening of the event, which is a condition for expiry;

(c)on the happening of such event when the lessor's interest in the property terminates;

(d)when the persons holding the ownership and the lease become one and the same person at the same time and in the right; this state is also known as `merger’;

(e)when the lessee expressly yields up its interest to the lessor;

(f)implied surrender i.e. by the creation of new relationship e.g. where the lessee becomes the mortgagee, the latter’s rights remain in abeyance because the larger rights as the mortgages come into effect. The rights as the lessee are restored when the mortgagee is redeemed.

(g)Lessee breaking the express condition giving the lessor a right to re-enter, lessee setting up an adverse title i.e. a title in himself or in a third party or upon the lessee being adjudged insolvent whereupon lease stipulates for a right of re-entry upon the lessor & which is followed by the lessor giving to the lessee notice to determine. This is technically known as forfeiture;

(h)On the expiry of the notice to determine the lease or to quit or of information to quit duly given by either party to the other.

This FAQ applies to: Owner.


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