lease deed ( is it mandatory that the lease deed above 11 months be registered)
Narayan
(Querist) 01 April 2011
This query is : Resolved
Hi All,
Kindly answery my query,
As per Section 107 of the Transfer of Property Act , any lease of property from year to year or for a period exceeding one year should be done by registering the lease deed. This is mandatory.
My query is that if the lease deed is for a period of 3 years and if the deed is not registered what will be the consequence.Even though the lease deed is not registered it is binding on the parties(lessor & lessee)isn't it?
From the lessor ( landlord) point of view, which is the better option, to register the lease deed or to have an unregistered lease deed .
R.Ramachandran
(Expert) 01 April 2011
A lease deed for more than a year is compulsorily registrable. If not registered, the said document cannot be admitted as an evidence. Whether it is lessor or lessee, non-registration of the lease deed wherever compulsorily registrable will have its own consequences. As an Advocate, I would not advise / suggest for non-registration.
Kirti Kar Tripathi
(Expert) 01 April 2011
Yes, I agree with Mr. Ramachandran. If is not registered it can not admissible as evidence.
Jitendar Kumar gupta
(Expert) 01 April 2011
To get back the property register it.
For more information call 9868529732
H. S. Thukral
(Expert) 01 April 2011
if the lease deed is not registered then after one year it will be lease from month to month. if the landlord files suit for eviction after terminating the lease as per TP Act after one year, the tenant can not defend the duration of three years if the same is not registered.
Naresh Kudal
(Expert) 03 April 2011
If a lease deed for more then one year is not registered, same is not admissible in evidence and no any party can grant any relief on the basis of inadmissible document. It will treated as month to month lease and can be terminated with a notice of 15 days as per T.P.Act
