Lease Deed

M.I. Moyal Advocate (Querist) 02 July 2011 This query is : Resolved
I am Landlord, I agreed to give shop on rent for 5 years to tenant for Rs. 4000/- p.m.

Should I require to get registered the lease deed agreement?

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M.Sheik Mohammed Ali (Expert) 02 July 2011
yes, sure, more then Rs.100 transfer any agreement should register otherwise its not legal valid,as per registration act.

M/s. Y-not legal services (Expert) 02 July 2011
Yes. Mr.sheik is correct. You have to register the deed. Otherwise the agreement can not be enforceable by law..

Ravikant Soni (Expert) 02 July 2011
yes registation is must according 105, 106 TP Act.

R.Ramachandran (Expert) 02 July 2011
Any lease for a period of more than a year, is compulsorily registrable. The Value for the purpose of stamp duty, is the annual rental value i.e. Rs. 48000/- in your case. This is the requirement under Section 17(1)(d) of the Registration Act, 1908.

H. S. Thukral (Expert) 02 July 2011
any lease beyond a period of one year needs registration. If it is not registered, the lease agreement shall be considered for one year and thereafter lease shall be from month to month. It will not become invalid or not enforceable in law.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 July 2011
Yes this a typical question of law and fact away from the original question.

Any tenant having lease for more than one year can not be treated monthly tenant whether lease deed regd or not. If the landlord do not cooperate for registration what the tenant can do.

we are taking this plea in no of cases and and will take it upto highest court if need arises.

However experts can please give their inputs to fine tune the possibilities.

NOTTAM VENKATASAMY (Expert) 02 July 2011
ABOVE 100RS ANY TRANSACTION SHOULD BE REGISTERED, IT IS LAW

R.Ramachandran (Expert) 02 July 2011
Dear Mr. Nottam,
With due respect, can you please indicate the exact legal provision which you are referring to.

prabhakar singh (Expert) 02 July 2011
right are all Experts but NOTTAM .

Advocate Bhartesh goyal (Expert) 03 July 2011
Mr R.Ramchandran and Mr Harbhjan singh have explained the correct position of law.I agree with them.

H. S. Thukral (Expert) 03 July 2011
Any unregistered lease deed shall stipulates a lease from month to month which can be terminated by 15 days notice as per the TPA. However it can be used to prove the nature of possession. (Landlord-tenant relation).

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