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Surbhit Jain   09 August 2011 at 12:35

Commerical deed expiry / renwal

Hi All,

I have a lease deed for a commercial property I own. The lease deed had been registered in the court and was for a period of 3 years expiring on 31st August 2011.

The deed mentioned the following:-

"That this lease agreement shall be for a period of three years w.e.f 01/09/2008 to 31/08/2011. After the expiry of three years, lease deed may be further renewed for another period of two years with mutual consent and on mutually agreed rate of rent"


I understand from the help from the same forum that a fresh deed would have to be made and registered afresh in the court.


My tenant's lawyer argues that this wont be required and we can just sign a letter a mutual consent. He further says that the first page of the lease (the certificate of registry) says:-

Description of Document: Article 35(ii) Lease with security upto 5 years.

Thus the lease is for period of 3 years, thus no re-registration and fresh lease. I do not agree with this though.

Could the experts please comment on the above.

Thanks

Anonymous   08 August 2011 at 19:21

Gift deed

ld members pls
as far as execution is concerned it may take place at any place in india but where the necessary documents are to filed in gift deed?.how many witness is required in execution of gift deed?

Surbhit Jain   08 August 2011 at 18:26

Renewal of lease deed - commercial

Hi,

I have a commercial office space which I had given on rent through a registered deed for 3 years. The deed expires this month. I am now making a fresh deed by editing the contents of the previous deed - but i think certain statements do not hold true. They are as follows:-

WHEREAS the lessor is the owner and is in lawful possession of a commercial premises bearing flat no. XXX, admeasuring XXXsq.ft. (approx) super built up area and situated on the ground floor of XXX Building,New Delhi - XXXX(hereinafter referred to as "the said premises").


Is the statement above correct. We are not in possession of the premises - the tenant is in posession of the premises as the last agreement will expire on 31st August'11. Do we need to change this line?


AND WHEREAS the "LESSEE" herein has approached the "Lessor" with a proposal to take on lease basis the said premises for the commercial purpose as per terms and conditions contained herein this agreement.


The above statement is again not true because we have a deed that we are now extending. Should we be modifying this statement to reflect the fact that this is an extension of the last deed?

4. That the lessor has handed over the physical possession of the said premises to the lessee simultaneous to the execution of this lease deed.

Again the same point - we are not handing over the physical possesion of the premises as the tenant is already in possession because of the previous deed.


Help on the above will be highly appreciated.

Thanks
Surbhit

Praveen Kanungo   08 August 2011 at 16:18

Deed of hypothecation in case of name change

There is a Private Company having a loan with a Bank. The company converts into a public company resulting in a change in its name. Do the deed of hypothecation and equitable mortgage deed need to be executed again due to name change or a supplementary agreement in this regard would suffice. As far as Companies Act is concerned there is no need to execute any documents because a change in name does not affect the liabilities of the company and the charge will continue in the new name. However I wanted to know the position with regard to stamp act and contract act etc.

CA VK Dwivedi   08 August 2011 at 16:00

Maharastra housing coop so act and flat owners act

Hello experts,

I want some stuff on Maharastra Coop Society Act and Flat owners Act.

Bare Act or anykind of material on above would be preferred.

kinldy mail it to info.cavkd@gmail.com
thanks
vikash Dwivedi

Anonymous   08 August 2011 at 15:41

Mou

please inform me the roll, duty and responsibility of witeness in MOU

Anonymous   08 August 2011 at 13:17

Poa

Hi,

I need to give a POA to my wife in order to enable her-
1) Take a bank loan in my name.
2) Sign the agreement docs. for a new flat being purchased in my name.
3) Rent out property held in my name.

Can these powers be clubeed in one POA.
What denomination of stamp paper would be required for the same.
Appreciate if anyone can help me with a draft format of such GPA

Neelachandra   08 August 2011 at 02:03

Role of an advocate in redevelopment aggrement

hi all
this is my first query on this lawyersclubindia regarding the following mention subject with reference to Maharashtra State

1. What is the role of an Advocate in preparing the redevelopment agreement?

2. Is there any guideline given by Maharashtra Government for the preparation of the above mention document.

3. What are points to take into consideration to make the above document foolproof to safeguard the interests of the parties between whom the document is sign.


Thanks All in advance

Anonymous   07 August 2011 at 09:22

Notary aggreement expirey

dear sir,

Because of my sisters marriage i have taken a amount of 350000/- from a builder on 100 rs notary papers on signing that i will give them a land of 24000/- sq feet area on 25/12/2005 on writing for six month validation of aggement which is not registerd. but neither he sent notice to me within that 6 month nor me . now that rate of that land is multiplied by 200 times . which i told the builder that pay the exact rate so that i can register to u. but he threatens us saying neither he give land or money.

Dear sir please help me what to do now.

it is urgent because they daily calls us by threatening.

Anonymous   07 August 2011 at 05:16

Gift(absolute or not)

whether property transferred in ones name is his own absolute property or subject to any condition whatsoever.