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unregistered lease deed

(Querist) 10 March 2009 This query is : Resolved 
i have leased 10 acres agriculture land to acouncil registered as a society for 12 years.the possession of land was handed over. the lease deed was written on 15 Rs stamp paper and not registered.i have receieved four payments(twice a year)from council in time.fifth payment was late 4 months frm time and i refused the cheque.now i want to cancel the lease deed.what is the legal validity of un registered lease deed? is council competent to go to court?
PALNITKAR V.V. (Expert) 10 March 2009
The deed is illegal for want of registration. However, since you also want to get back possession, issue a notice of cancellation and demand back possession. If not delivered, you will have to file suit for possession.
sanjeev murthy desai (Expert) 11 March 2009
Dear Aman,

I think, agricultural land prohibit to lease.

Every state has different land laws in this regard. Please specify your agricultural land where it is?

In Karnataka Land reforms act section 5 provided that any lease in respect of agricultural land prohibited after 1974.

sanjeev desai
Guest (Expert) 11 March 2009
If the Lease Deed is above one year you had to registered the same u/s 107 of TP Act. But you can cancelled the same by executing Cancellation of Lease Deed with the mutual understanding and also you can give the notice of cancellation and recover the possession through Court.
M. PIRAVI PERUMAL (Expert) 11 March 2009
I agree with the views.
PALNITKAR V.V. (Expert) 11 March 2009
If the lease is not legal, is it necessary to execute deed of cancellation or issue notice of cancellation?
n.k.sarin (Expert) 12 March 2009
Dear Aman,I do agree with the view of Mr Palnitkar.Your said lease deed is not a valid one,but in furtherance of the said deed u got payment ,and delivered the possession of the lease land hence it is necessary to issue a legal notice to inform the society that u cancelled the said lease deed due to default in timely payment and demanding possession, if society do not deliver the possession u can file a suit for possession.
As far as deed of cancellation is concerned I think there is no need to execute the deed of cancellation because deed is not legal one.
Shashikant V. Patil (Expert) 14 March 2009
I agree with Mr. Sanjiv Desai, as you should have specify the land which you are holding and where it is situated. Because since it is agricultural land there are many restriction of state govt which you are suppose to go through before execution of lease deed.


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