Renewal of lease deed - commercial

Surbhit Jain (Querist) 08 August 2011 This query is : Resolved
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

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R.Ramachandran (Expert) 08 August 2011
Yes. It would be advisable to modify these statements suitably to reflect the real position.

Surbhit Jain (Querist) 08 August 2011
Thank You Mr. Ramachandran for your advice.

In case of modifying the sentences to reflect the real situation - I would have to refere to the previous lease deed. Would that be correct?