Registration of lease and licence agreement
Querist :
Anonymous
(Querist) 30 August 2011
This query is : Resolved
We have a lease & licence agreement with airtel for mobile tower on our house owned in name of my mother in Bihar. The agreement is on plain paper with only sign. Of parties and witnesses, no stamp papers were used. We are receiving rent for it for last 4 years. My question is what is the validity of such an agreement, and whether this agreement need further registration, if yes plz guide about the registration process.
ajay sethi
(Expert) 30 August 2011
document is in admissible in evidence . it is worth scrap only .
get the document adjudicated . pay proper stamp duty .pay penalty and get document registered
WHATSAPP 91-8075113965
(Expert) 30 August 2011
IT HAS NO LEGAL SANCTITY AT ALL.
PLEASE SEE the judgment of the Constitution Bench of the Supreme Court in V.Dhanapal Chettiar v. Yesodai Ammal, (1979) 4 SCC 214, wherein, after having considered the repugnancy between the TP Act and the TN Rent Control Act, in paragraph-5, the Supreme Court has held as follows:- "5. Under the Transfer of Property Act, the subject of "Leases of Immovable Property" is dealt with in Chapter V. Section 105 defines the lease, the lessor, the lessee and the rent. Purely as a matter of contract, a lease comes into existence under the Transfer of Property Act. But in all social legislations meant for the protection of the needy, not necessarily the so-called weaker section of the society as is commonly and popularly called, there is appreciable inroad on the freedom of contract and a person becomes a tenant of a landlord even against his wishes on the allotment of a particular premises to him by the authority concerned. Under section 107 of the Transfer of Property Act a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. None of the State Rent Acts has abrogated or affected this provision. Section 108 deals with the rights and liabilities of lessors and lessees. Many State Rent Acts have brought about considerable changes in the rights and liabilities of a lessor and a lessee, largely in favour of the latter, although not wholly. The topic of Transfer of Property other than agricultural land is covered by Entry 6 of List III to the Seventh Schedule to the Constitution. The subject being in the Concurrent List, many State Rent Acts have by necessary implication and many of them by starting certain provisions with non obstante clause have done away with the law engrafted in Section 108 of the Transfer of Property Act except in regard to any matter which is not provided for in the State Act either expressly or by necessary implication." For better appreciation, it is necessary to have a look into the provisions of the TP Act as well as the TN Rent Control Act and to see as to whether there is any inconsistency between Section 107 of the TP Act and Section 10 of the TN Rent Control Act
SALILKUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
prabhakar singh
(Expert) 30 August 2011
My question is what is the validity of such an agreement, ????
NONE IS THE ANSWER
whether this agreement need further registration,
NO!the AGREEMENT YOU HAVE CAN NOT BE REGISTERED.For registration you need to enter into a fresh agreement duly stamped as per stamp duty law of BIHAR and then produce the same before sub registrar of the area where the tower property is situate.
If you go with older one ten times penalty may be imposed.
