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.
Landlords that accept payments after an expired lease incur a variety of restrictions and enter a month-to-month tenancy, meaning they cannot legally treat their tenant as a trespasser and evict them. Instead, they have to issue 30 days' notice. The same goes for the tenant if they wish to move.
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.
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.
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 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.
A 99-year lease is, under historic common law, the longest possible term of a lease of real property. It is no longer the law in most common law jurisdictions today, yet 99-year leases continue to be common as a matter of business practice and conventional wisdom.
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.
Lease Over 99 Years is Void, Not Voidable.