Difference Between Registered & Unregistered lease agreement
Querist :
Anonymous
(Querist) 23 September 2010
This query is : Resolved
Kindly let me know the diffrence between an unregistered lease deed and registered lease deed.
Whether registration of lease deed is compulsory and effects of non registration
s.subramanian
(Expert) 23 September 2010
Any lease for a period exceeding eleven months is registrable compulsorily. An unregistered lease deed will not be admitted in evidence by courts of law.
Daksh
(Expert) 24 September 2010
Dear Anonymous,
In so far the evidentiary value of the document is concerned the difference lies in section 17 and 49 of the Registration Act - evidently the registered document has more evidentiary value.
Best Regards
Daksh
Parthasarathi Loganathan
(Expert) 24 September 2010
Section 69 of Indian Partnership Act is quoted for immediate reference please:
69. Effect of non- registration.
(1) No suit to enforce a right arising from a contract or conferred by this Act shall be instituted in any Court by or on behalf of any person suing as a partner in a firm against the firm or any person
alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or has been shown in the Register of Firms as a partner in the firm.
(2) No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the Register of Firms as partners in the firm.
(3) The provisions of sub- sections (1) and (2) shall apply also to claim of set- off or other proceeding to enforce a right arising from contract, but shall not affect-
(a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any right or power to realise the property of a dissolved firm, or
(b) the powers of an official assignee, receiver or Court under the Presidency- towns Insolvency Act, 1909 , (2 of 1909 ). or the Provincial Insolvency Act, 1920 , (5 of 1920 ). to realise the property of an insolvent partner.
(4) This section shall not apply-
(a) to firms or to partners in firms which have no place of business in 1[ the territories to which this Act extends], or whose places of business in 2[ the said territories] are situated in areas to which, by notification under 3[ section 56], this Chapter does not apply, or
(b) to any suit or claim of set- off not exceeding one hundred rupees in value which, in the Presidency- towns, is not of a kind specified in section 19 of the Presidency Small Cause Courts Act, 1882 , (15 of 1882 ). or, outside the Presidency- towns, is not of a kind specified in the Second Schedule to the Provincial Small Cause Courts Act, 1887 , (9 of 1887 ). or to any pro- ceeding in execution or other proceeding incidental to or arising from any such suit or claim.
R.Ranganathan
(Expert) 24 September 2010
I agree with expert Mr. Loganathan Parthasarathi and other experts.
H. S. Thukral
(Expert) 30 September 2010
Going through the query I just think what is relavance of Mr. Parthasarathi Loganathan answer to this query. What my Ld. friend has quoted are the provisions from the Partnership Act. An unregistered firm can not sue a third party on any right arising from the contract.
What Mr. Subramanian said is correct. An unregistered lease beyond a period of one year ( not eleven month has to be registered). An unregistered lease beyond the period of one year shall be considered as a lease from month to month. It shall have no value in evidence.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 September 2010
