Comment on the following with reference to ratio in leading cases, if any: A sub-lease is an absolute assignment under the Indian law or the English law.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
Comment on the following with reference to ratio in leading cases, if any: A sub-lease is an absolute assignment under the Indian law or the English law.
Answer & Explanation:
An absolute assignment is the act of complete transfer of the ownership (all rights, benefits and liabilities) of the policy completely to other party without any terms and condition. Generally, Sub-lease of property is made by a person who is himself a lessee or tenant of that property. A sublease may be prohibited by the original lease, or require written permission from the owner. A sub-lease is demise by a lessee for lessor term than he himself has. If the demise is for the whole term or for a period beyond the term, it amounts to assignment. The Privy Council pointed out in Hunsraiv. Bejoylal Seal, (1930) 57 Cal 1176, that in India a sub-lease is not an absolute assignment and it was further held in Akshoy Kumar v. Akman Molla, (1915) 19 CWN 1197, that there is no privity of estate as between the lessor and the sub-lessee, who does not step into the shoes of the lessee.
Topics: Transfer of Property Act