Registration of lease agreements
V.PAVAN KUMAR
(Querist) 07 May 2012
This query is : Resolved
06:31
YES, IT IS COMPULSORY.
SOCIETY SHD DO IT. [Majority LL AGR, Society ignore, as it costs both parties, and Society cannot throw a person with his family out on road,
Respected Sir,
One of our Expert members given a response to a query that Any lease agreement for a period of less than 1 years does not require registration which is valid without any registration. Could you kindly elaborate?
(V.PAVAN KUMAR)
Expert : Anirudh PRO CHAT CALL
Posted On 07 May 2012 at 10:17
Any lease for a period of less than 1 year DOES NOT REQUIRE compulsory registration.
ajay sethi
(Expert) 07 May 2012
in maharashtra it needs regsitration . in some states it may be optional .
Shonee Kapoor
(Expert) 07 May 2012
In Delhi upto 11 months lease agreement doesnot require registration.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 07 May 2012
it vary from state to state, in tamilnadu most of the agreement is not being registered but my personal opinion is registered is shield of owner
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 May 2012
Not only in Maharashtra but all India the registration is mandatory. Eleven months lease is not registered any where because min period for registration of a lease deed is one year in registration act.
Following are the actual provisions of the Registration act.
Section 17 - Indian Registration Act, 1908
(1) The following documents shall be registered, if the properties to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, of the Indian Registration Act 1866, or the Indian Registration Act 1871, or the Indian Registration Act 1877, or the this Act came or comes into force, namely:-
(a) instruments of gift of immoveable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immoveable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immoveable property (Added by Act No. 21 of 1929);
PROVIDED that the State Government may, by order published in Official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rent reserved by which do not exceed fifty rupees.
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to -
(i) any composition-deed; or
(ii) any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consists in whole or in part of immoveable property; or
(iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immoveable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immoveable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such company; or
(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right or title or interest of the value of one hundred rupees and upwards to or in immoveable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or
(vi) any decree or order of a court [except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject-matter of the suit or proceedings] (Substituted by Act No. 21 of 1929 for the words 'and any award');
(vii) any grant of immoveable property by government; or
(viii) any instrument of partition made by a revenue officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act 1871, or the Land Improvement Loans Act 1883; or
(x) any order granting a loan under the Agriculturists Loans Act 1884, or instrument for securing the repayment of a loan made under that Act; or
[(x-a) any order made under the Charitable Endowments Act 1890 (6 of 1890) vesting any property in a treasurer of Charitable Endowments or divesting any such treasurer of any property; or] (Inserted by Act No. 39 of 1948)
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue officer.
[Explanation: A document purporting or operating to effect a contract for the sale of immoveable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.] (Inserted by Act No. 2 of 1927)
(3) Authorities to adopt a son, executed after the 1st day of January 1872, and not conferred by a will, shall also be registered.
Adv.R.P.Chugh
(Expert) 07 May 2012
I Endorse What JSDN has said.... Any lease for a year or less is not compulsorily registrable
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 May 2012
However as Mr Sethi has said the lease/ tenancy agreement for any period in Maharashtra has to be registered u/s 55 of Mah rent control act otherwise it is a criminal offense.
