registration of 2 years old lease deed
satya prakash
(Querist) 24 March 2011
This query is : Resolved
Sir
I want to know that if i can get regitation for MOU / lease deed executed between a partnership firm In favour of a company 2 years back where the period of lease is for 5 years and also that the same partners in the lessor firm are director of lessee company, this mou cum lease deed was executed but not registered for lack of knowledge but now what is the procedure to get it registered and what will be the penal amount involved
Raj Kumar Makkad
(Expert) 24 March 2011
It can be got registered in the same manner as it would have been got executed at initial stage of execution but penalty for late registration shall be imposed thereon.
Parveen Kr. Aggarwal
(Expert) 24 March 2011
I disagree with both the learned experts. The relevant provisions are sections 23 and 25 of the Registration Act, 1908 which are reproduced below:
"23. Time for presenting documents:
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final."
"25. Provision where delay in presentation is unavoidable: (1) If,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate."
In view of the above, a document may be presented for registration within four months of its execution and the Registrar may further extend the period to another four months. Beyond the period of eight months, the Act does not authorise any authority to permit registration of an instrument.
