Unregistered lease deed

Nisha Singh (Querist) 18 May 2012 This query is : Resolved
Hello

We are in the process of buying a basement in residential property in new delhi. It is already given on rent for six years and right now only one year has been completed. But the lease deed is not registered. Is it ok to buy this property and will I be able to get timely possession after lease period.
Kindly guide.

Nisha Singh Ahluwalia

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Nadeem Qureshi (Expert) 18 May 2012
Dear Nisha
you should contact with a lawyer in your local area.
feel free to call

Adv.R.P.Chugh (Expert) 18 May 2012
Dear Ms.Singh,

To be very honest - Getting a tenant out of property even after elapse of his tenancy period is tough in our judicial system.

Since the lease deed is not registered he is only a tenant at will i.e he has no right to possess the property for 6 years - that means his tenancy goes on month to month and he can be evicted anytime by giving him a 15 days notice u/s 106 TPA.

Feel free to talk !

Regards,

Bharat

H. S. Thukral (Expert) 18 May 2012
I agree with Bharat. If you happen to buy the property, don't wait for all this time. Terminate the lease with 15 days notice and if need be file suit for possession.