lease deed
Bipin Dev Sharma
(Querist) 11 September 2010
This query is : Resolved
what is the legal effect if the lease deed be registered after one year from the date of lease start.
A V Vishal
(Expert) 11 September 2010
Point 1: If a deed of transfer, which is compulsorily registrable, is not registered it will not be admissible in evidence (Sec.49 of Registration Act 1908).
Point 2: a. Document may be presented for registration within four months from the date of execution (signature).
b. If a document is executed out of India, the period of four months will be counted from the date of its receipt in India.
c. After four months document may be presented within another four months with penalty subject to maximum of ten times the registration fees if the District Registrar grants permission. But document may be presented before Sub Registrar within eight months. Thereafter it cannot be accepted for registration.
Your query is not based on facts but presumptions so kindly let know the correct facts of the case. I have delibrately omitted to reply the legal effect since the registrar is not competent to accept the documents for registration which are one year old.
Bipin Dev Sharma
(Querist) 11 September 2010
Sir,
this is not my query, only one thing that stamp papers purchased but are not used at the time of inception of lease or can say at the time of possession it are still blank, can it be used after a period of more than one year than the question of registration arises.
s.subramanian
(Expert) 11 September 2010
Yes. You can use those stamp papers now. There is no prohibition under the Stamp Act to do so. But you have to present the deed prepared using those papers within four months from the date of execution. Otherwise it will not be and cannot be registered under the REgistration Act.
Devajyoti Barman
(Expert) 11 September 2010
Yes you can use any date prior to present day on that stamp paper but at the time of registration you have to mention the current date is its inception.
V.V.RAMDAS
(Expert) 12 September 2010
You can utilise your stamp papers when ever you like but after preparation of document it is to be get it registeres within 4 months.
Raj Kumar Makkad
(Expert) 13 September 2010
Lease-deed can be got registered at such belated stage also showing the reasons leading to delay in registration. Permission by registrar may be granted subject to some cost etc.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 September 2010
