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House Rent agreement termination notice U/sec 106 of Transfer of Property Act

(Querist) 09 August 2008 This query is : Resolved 
Hi all,
I need a legally valid draft House rent agreement tremination notice u/sec 106 of T.P. Act, Can any body provide it. The tenent premises is at Hyderabad, A.P, and the monthly Rent payable by him is Rs 4000/- Per month. The premises under occupation of tenent need to land lord for his personal requirement, further land lord is also resident of Hyderabad,A.P.
Please help me it is Urgent.
Thank you both sir, The Tenancy was oral. at the time of inception of tenancy the teneant paid Rs2,800/-PM,which is excluding electricity and water charges, every year the tenacy was extended orally.please advise me in the said circumstances can i issue him notice terminating his tenancy u/sec 106 of T.P.Act,if you think I can kindly provide me a draft notice, awaiting eagerly.
Srinivas.B.S.S.T (Expert) 09 August 2008
Sir, the notice under section 106 Tp is like any ordinary notice the only difference in that you have to mention that the tenancy will be stood determined with in a calender month. if you want me to draft the same for you give fuller details so that i can draft the same for you.You can contact me at s_bsst@yahoo.com or can call me at 94401-20259
KamalNayanSaxena (Expert) 10 August 2008
I do slightly differ with my friend Mr. Srinivas. what's the very conept of S. 106 shoul be clarified.

Under S. 107 parties have an option to enter into a lease in respect of an immovable property either for a term less than a year or from year to year, for any term exceeding one year or reserving a yearly rent, such a lease has to be only by a registered instrument. In absence of a registered instrument no valid lease from year to year or for a term exceeding one year or reserving a yearly rent can be created. If the lease is not a valid lease within the meaning of the opening words of S. 106 the rule of construction embodied therein would not be attracted.

S. 106 lays down a rule of construction which is to be applied when the parties have not specifically agreed upon as to whether the lease is yearly or monthly. What this section does is to prescribe the duration of the period of different kinds of leases by legal fiction - leases for agricultural or manufacturing purposes shall be deemed to be lease from year to year and all other leases shall be deemed to be from month to month. Existence of a valid lease is a pre-requisite to invoke the rule of construction embodied in S. 106 of Transfer of Property Act.

So, first you have to determine what kind of lease you have, then proceed accordingly.
praveen kumar (Expert) 10 August 2008
The requirement of notice under S.106 TP Act is that it should for 6months in case of year to year lease and 15 days in case of month to month lease.secondly the intention to determine the lease should be clearly expressed.it should be on behalf of the owner or the landlord.
Gururja Rao (Querist) 10 August 2008
Thank you both sir, The Tenancy was oral. at the time of inception of tenancy the teneant paid Rs2,800/-PM,which is excluding electricity and water charges, every year the tenacy was extended orally.please advise me in the said circumstances can i issue him notice terminating his tenancy u/sec 106 of T.P.Act,if you think I can kindly provide me a draft notice, awaiting eagerly
Gururja Rao (Querist) 10 August 2008
Further for my acadamic interest, I would like to know the applicability of sec 106 of T.P Act in case of various kinds tenancy agreements such as
1. If the tenancy is month to month how much period of time should be given to tenant by terminating his tenancy and for vacting and handing over physical possession to the land lord.
2.If the tenancy is for eleven months only, then what is period,
3.and if the tenancy is yerar to year, what is period?please inform me.
KamalNayanSaxena (Expert) 11 August 2008
It should not be less than one month.
Tenancy shall be determined by last day of the month


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