problem no. 123 s answer is yes 4 s answer is no.

the litigation is very big before answering first consult a local lawyer and show him the points of your bainanama because what terms you have mentioned in that is also a point 

1, unregistered will have many complications in future like now and anytime once if you register the document then no one even court will not have can vacate you 

2. your told he bought on his sons name and gave registry on your name means only on unregistered document again why cant your deal directly with the owners of that land and make the registration on your name with proper stamp duty 

3. if the consideration is more then make registration as pr the market value and register 

4. yes they can vacate but only with unregistered document you have to take possession again time cosuming before court 

in all it is better to register land with proper stamp duty paid 

Thank you ...Mr rajendra and Mr. mahesh...

Further query...to Mr. Rajendra

1. Again i want to know that is an unregistered lease agreement valid??  The agreement is more than 15 years old

2. The lease agreement which he is showing to me has only the signature of land owners....The lessee's signature is not there at all so is it a valid lease agreement...?

3. There is a condition in the lease agreement that  the lessee can only use the land till he operates his business but once he stops the operation he shall have vacate the premises. The lessee have not done his business activities from last 6 years. Does that indicate that his Lease has been terminated ?

To....Mr. Mahesh

Reply to No.2

2. I have got into an a Bainanama agreement with lessee who had promised to get the deal done acting as a mediator between the land owners and me..... since he had an unregistered lease agreement with the land owner he was trying to blackmail the land owners saying he would never vacate their land for that reason he tried to convince tem saying it is better for them if they sell their land to him....but the he offered to the land owners was too less for tem to sell the land....therefore he could not get te deal done and surrendered saying to me that it is better if i get the deal done directly with the land owners..... so when i called the owners directly they agreed and sold the lnad directly to me via registry and .... now te problem is that the lessee ( also the mediator ) is in possession and does not want to vacate the land and buildings.... also he is blackmailing saying he would again start his business operation there.....

1.Now the question is does the lessee have any right to possess the said land?

2. If i forcefully vacate the land ? can any authority object? i frgotto mention te said land is recorded inmy name fully....

Firstly, unregistred lease agreements are not enfoceable in the courts except for the purpose of specific performance;

Secondly, I understand, as of now, the entire land is registered in your name including part of the land being sold by the Lessee himself. You are the absolute owner of the property and therefore you can certainly initiate legal proceedings against that so-called lessee. He is not any lessee but is in unlawful possession of your property. You can initiate civil and criminal proceedings against that person.

Thank You ms aruna....as of now you have understood the entire situation perfectly...Now can you please tell me what can be specific performance? like for example.....

One more thing is that under which section of which act unregistered lease  is not enforceable under law?

Specific Performance is not applicable to your case and so lets not get into it.

Further, as per Registration Act, 1908, documents which are compulsorily required to be registered under law, if unregistered, the Parties cannot enforce the same in the court of law.

Thank you Ms Aruna.....