Registration of rent-lease agreement upto 11-months in delhi.
paarthsaarthy
(Querist) 09 May 2014
This query is : Resolved
Is it mandatory to register rent-lease agreement for upto 11-months in Sagar Pur, Delhi. Who will pay landlord or tenant in such case? Department of Revenue says it is deed upto 1 year is compulsory. Various articles of web points to other direction.
Sankaranarayanan
(Expert) 09 May 2014
Normal course 11 month agreement is in practical.It is a shield for both parties ,if any one breach the terms of agreement
ajay sethi
(Expert) 09 May 2014
advisable to register it to avoid legal hassles in future
ABDUL RAZIQUE
(Expert) 12 May 2014
I do not understand why you want to register the rent-lease agreement for a short period.
you will bear the cost and expenses of registration charges.
As per my knowledge that in respect of a residential premises is generally entered into and executed for a maximum period of 11 months. The question arise whether it can be for more than 11 months. ( as registrar say that it may be registered if it is for one year) as defined in Section 105 of the Transfer of Property Act, as a right to enjoy property for a certain period in consideration of the price paid. An instrument creating a lease of immovable property for a term of one year and above was required compulsorily to be registered by virtue of provisions of Section 17(d) of the Indian Registration Act. Therefore, such Agreements were being executed for a period of 11 months with duel intention namely to avoid the stamping of such agreement and its registration and , secondly, to avoid interpreting such Agreement as a lease of the immovable property to avoid protection against vacation of the occupier, 11 month agreement became the statutory tenants of the premises with the benefit of protection against vacation of the premises, yet the Landlords, who did not or do not require the premises for their own use, were not willing to give the premises to others which created imbalance in the Society in as much as on the one hand sufficient was available and on the other, people were starving of the accommodation, albeit for a temporary period. These were being held back by the owners because of the apprehension of not getting the premises vacated. Therefore, it recognized the need of giving the premises on rental basis as a practical solution, to this problem and, consequently, made a specific read Delhi rent control act.
