Ravi (Owner) 14 July 2012
A lease deed executed for 30 yrs was not registered.
1) the lease permits the lessor to construct building. and lessee constructed.
can lessee use it for collateral or ll it not be valid as the lease was not registered.
2) The lessee is permitted to sublet and he sublets. What are consequences as the lease deed not registered?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 July 2012
Any lease exceeding a year is compulsorily registrable, if the same is not, then any rights and obligations agreed therein don't govern, and the tenancy is a statutory tenancy terminable at will by serving a notice u/s 106 TPA, (off course if its not a one by rent control legislations)
Ravi (Owner) 14 July 2012
issue is abt not prob with lessee. Its abt whether subletting is valid? what are rights of lessee on construction on unregistered sale deed.
SRISHAILA.DHARANI (Advocate&consultant) 15 July 2012
1.You can not sublet the premises
2.In an unregistered lease deed, dont take the risk of construction activities
3.The deed executed for a period of 30 years has to be and must and should be registeered.If you construct and sublet the premises, if some thing goes in future,then for proving the deed, you have to go the court and to rely on the deed, you have to duty and penalty 10times of the registration value of the property.
srishaila,advocate,bangalore,sdharani120@gmail.com,9741425514
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