Land Lease on Jointly Owned Property Valid Only With Consent of All Owners: Allahabad High Court

 

 The Allahabad High Court has ruled that a lease deed for jointly owned land is valid only when all co-owners agree. The court clarified that a single co-owner cannot independently execute a lease deed for such property without the consent of other stakeholders.

The court made this observation while dismissing a petition seeking a petroleum dealership on disputed land in Agra.

Case Details

Justice Dr. Yogendra Kumar Srivastava made this ruling in a petition filed by Insaf Chaudhary and others, who had challenged the rejection of their petroleum dealership application. The case was against Bharat Petroleum Corporation Limited (BPCL), which had rejected the application on June 28, 2023, stating that the land was jointly owned and not legally transferable without all co-owners' consent.

According to the court, the applicants had submitted only a partial lease deed executed by one co-owner, Bijay Singh, without consent from the others. Thus, the lease deed was invalid for dealership purposes.

On Arrest During Bail Proceedings

In a related observation, the court also stated that arresting someone during the preparation of anticipatory bail is not justified if an FIR has already been lodged. This was in context to an arrest in the same matter involving applicant Karesh Singh, a resident of Prayagraj. He was accused of illegal possession and encroachment on August 16, 2024.

The court criticized the arrest made during the pendency of anticipatory bail, which was to be heard on August 19, 2024. The applicant was later released on bail.