Unregistered lease for 99 year
Mr H.S Khurana
(Querist) 27 May 2014
This query is : Resolved
Dear Sir ,
Greetings of the day ,
I am from Delhi My question is my deceased father had shop in Delhi since 1978 and he paid Rs 3 lakh to the landlord and they made a 99 year lease on Plain paper with revenue stamp signature along with two witness signature ,One of them is deceased and one Witness is still alive after death of landlord and my father landlord son put case(Bonafied need) to leave this shop as he show he is unemployed and his wife and children are also dependent on him but he got proof that he got retired and he was working as a professor and his wife was a Director in PVT LTD firm and his both children are well setteled so he took his case back .He want to put case again he want liberty to put case again but judge deny.Since 2011 January - May 2014 he never challenge Lease deed in court leagally .Now he put case again to vcate the shop and this he show need for her Daughter-in -laws and both of them are advocate and he mention he want this shop for there office purpose We enquire one daughter-in-law in Director in PVT LTD firm .My Question is lease is helpful and is this lease come under limitation act 1963 where is a person challenge it in 3 years .Please Help .
Thanks
Devajyoti Barman
(Expert) 28 May 2014
Lease of 99 years can be endeded unless-
1. efflux/expiry of original lease period of 99 years or
2. breach of nay terms of lease which amount to termination of lease.
P. Venu
(Expert) 28 May 2014
The lease deed, as it appears from the facts, is not registered and hence is of no legal effect.
c.p.s. ramachary
(Expert) 28 May 2014
According to Sec.17(1)(d)of Indian Registration Act 1908:leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. The lease in my opinion is not enforceable.
ajay sethi
(Expert) 28 May 2014
lease deed is in admissible in evidence
santhosh.g.
(Expert) 28 May 2014
unregistered lease is not a valid one. but u can file a suit before the court stating ur long possession and should not be evicted without due process of law.
Biswanath Roy
(Expert) 28 May 2014
LEASE means transfer of property (both movables and immovablse) for a specified period against payment of monthly rents.IN YOUR CASE LEASE DEED WAS NOT REGISTERED so it will be treated as an Agreement of tenancy.If it is mentioned in the covenant that the terms of the agreement is also binding upon the Heirs, Successors-in-interest, Executors, Assignees etc. of the LESSOR then the terms mentioned in such agreement are also binding upon them.
malipeddi jaggarao
(Expert) 28 May 2014
Experts rightly pointed certain pertinent points. Lease deed is not registered one hence it is not enforceable. But you can defend the eviction case on the basis of long possession and also proving the need mentioned for evicting you is not genuine (if you have proof). But you can not depend on unregistered Lease deed.
Mr H.S Khurana
(Querist) 28 May 2014
Thanks for opinion but I want to know why my landlord son never challenge deed in last 5 years .Our advocate inform us that there is a period of 3 year to challenge it in lower,higher or supreme court which is passed as now its been five years .He just mention in current notice this deed is fake .However one witness is still alive .Plear give me honest suggestion what will happen wiz our case we will win this or there is no hope. Thanks
Mr H.S Khurana
(Querist) 28 May 2014
Thanks for opinion but I want to know why my landlord son never challenge deed in last 5 years .Our advocate inform us that there is a period of 3 year to challenge it in lower,higher or supreme court which is passed as now its been five years .He just mention in current notice this deed is fake .However one witness is still alive .Plear give me honest suggestion what will happen wiz our case we will win this or there is no hope. Thanks
Mr H.S Khurana
(Querist) 28 May 2014
Thanks for answer query but can he challenge deed under limitation act 1963 in lower ,high,supereme court after 5 year period .What are the chances for us to win this case please give opinion .Thanks
Mr H.S Khurana
(Querist) 29 May 2014
Thanks for opinion but I want to know why my landlord son never challenge deed in last 5 years .Our advocate inform us that there is a period of 3 year to challenge it in lower,higher or supreme court which is passed as now its been five years .He just mention in current notice this deed is fake .However one witness is still alive .Plear give me honest suggestion what will happen wiz our case we will win this or there is no hope. Thanks
ajay sethi
(Expert) 29 May 2014
better arrive at an amicable settlement . litigation si long drawn procees may take years before final decision is passed .
Biswanath Roy
(Expert) 29 May 2014
Although I have no scope to go through your lease deed but this much I can say if the case takes up by any senior expert he can get sufficient scope to raise number of legal issues time to time and drag the matter up to Supreme Court and god forbids if not remanded to lower court.
T. Kalaiselvan, Advocate
(Expert) 31 May 2014
Expert and Senior learned Advocate Mr. Biwsanath Roy Sir has rightly observed and has given very valuable advises to tackle the issue. In the event of the lease deed being unregistered, it can be depended upon for the purpose of counting your possession as a tenant on the basis of said agreement and the suit can be challenged fittingly. It depends on how your advocate takes up the matter, hence never ever ask any expert to give a honest reply, because the experts do not have to give any false opinion or hopes to you to impress you or to cajole you, nobody has any personal relationship with you nor does any one know you personally.
prabhakar singh
(Expert) 31 May 2014
It would be right to opine that lease in question is bad for want of registration But it is equally true that it can be looked into for collateral purposes,such as to see of what nature your possession is on the property?You can not plead adverse possession.
