Lease Deed for 11 months a valid document ?

V V SATYANARAYANA (Querist) 18 February 2009 This query is : Resolved
Sirs,

We have taken a flat for office purpose in Bangalore for rent for 11 months and made lease deed with general terms & conditions.

Learned friends may kindly clarify whether it is a valid document or not ? and whether registration is necessary or not under T.P.Act ?

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Vinjamuri Venkata Rao (Expert) 19 February 2009
Hi brothe,

Now a days the Lease Deed is a compulsory Registrable Document. a Lease Deed for 11 months with out registration under TP Act is not valid in the eye of law.

but you can write an agreement of Lease for 11 months with a condition to execute a regular lease deed on required stamps and register as and when required . it validate the transaction. if any dispute arise, we can demand for execution of a regualr registered Lease Deed as per the condition .
bye

M. PIRAVI PERUMAL (Expert) 19 February 2009
Madam I am having a different view about what you said ie. "a Lease Deed for 11 months with out registration under TP Act is not valid in the eye of law ". Is there any latest citations of Supreme Court in this regard so that i can correct my view madam ?

sanjeev murthy desai (Expert) 19 February 2009
Yes it is valid document.

section 17 (d) of registration act - leases of immovable property from year to year or any term exceeding one years or reserving rent.

But it should be stamped under the Karnataka stamp act 1957.

sanjeev desai

A. A. JOSE (Expert) 19 February 2009
I am in agreement with the view expressed by Mr.Perumal and Mr.Sanjeev desai.

RAKHI BUDHIRAJA ADVOCATE (Expert) 19 February 2009
I do agree with the views of Mr. Sanjeev Desai.

sanjay singh thakur (Expert) 19 February 2009
Dear VVS
As your lease deed is of only 11 months so its registration is not compulsory but is optional. Moreover it should be on requisite Non Judicial Stamp paper and the same depends on the place/state where it is located.

Sanjay Singh Thakur
Advocate.

PALNITKAR V.V. (Expert) 20 February 2009
Please check the local rent act to find out if all the lease/licence agreements require compulsory registration.

Adv.Shine Thomas (Expert) 20 February 2009
It is a valid document.u/s 107 TP Act it does not require registration.U/s 17 of Registration Act,leases of immovable property for any term not exeeding one year is exempted from registration.

adv. rajeev ( rajoo ) (Expert) 20 February 2009
any property worth of more than Rs.100/- is compulsory registrable doucment. In ur case it is necessary.

R.S.Rajesh (Expert) 20 February 2009
DOES NOT REQUIRE REGISTRATION.

Abhishek (Expert) 20 February 2009
Mr. Sanjeev is ryt...

B.B.R.Goud. (Expert) 23 February 2009
i do agree with the views of sanjeev desai and shine thomas.

it is valid document of agreement though it is not registered, where it is compulsary if the lease exceeds one year, as per the Sec 107 of T P Act and Sec 17 of Registration Act.