In many cases, flats are sold as leasehold properties, meaning that the land on which the building stands is leased for a certain number of years—often 99 or 999 years. Once this lease period expires, the ownership of the land reverts to the original landowner unless an extension or renewal is negotiated.
And when the builder or developer sells it to prospective buyers (whether a residential or commercial property), the latter will own it only for a period of 99 years. After the expiry of 99 years, the ownership will be given back to the original landowner.
A ground lease involves leasing land for a long-term period—typically for 50 to 99 years—to a tenant who constructs a building on the property. 1. Tenants generally assume responsibility for all financial aspects of a ground lease, including rent, taxes, construction, insurance, and financing.
Lease Over 99 Years is Void, Not Voidable.
The most common long-term lease duration for properties in India is 99 years. This extended lease period serves as a unique feature of leasehold properties, setting them apart from freehold properties where ownership is perpetual.
What Happens When a Land Lease Expires? Theoretically, a land lease could come to the end of its term without renewal, and the building would revert to the leaseholder. It means that co-op or condo owners would face eviction or could become tenants in their homes. However, this is a rare situation.
A leasehold agreement will outline the length of the lease – It usually starts off at 125 years or 1000 years. Essentially, this means you rent your property on a 125 or 1000 year contract. Unlike a normal rental property, you own this lease and have the right to sell it to someone else.
In India, a tenant may claim house ownership after staying for 12 continuous years. This is known as adverse possession of property. Tenants filing ownership claims under adverse possession generally arise when the lease expires or the landlord defaults on the rent agreement clauses.
In most situations, a tenant without a signed Lease Agreement will be considered a month-to-month tenant. This means that either you or the tenant can end the tenancy in any given month as long as you give proper notice.