Unregistered lease- duration

Quadir (Querist) 13 August 2020 This query is : Resolved
Hello,
Back in 1947, an open piece of land (plot) given on monthly rent, through an 'unregistered' documents (lease/rent note). The document doesnt specify any duration of lease period.but permits the tenant to construct his house, which he did.

Last year, when notice u/s 106 was served, he paid the rent i.e. accepts himself as a tenant of the original landlord's grandson..

Now,
- What is the duration of such a lease in the eye of law? Some citations would be much appreciated.

- Can the landlord get a standard fixed under the provisions of U.P. rent control act?

Thanks
Quadir

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This discussion concerns the legal duration of an unregistered lease agreement from 1947 for a plot of land, where the tenant built a house. The lease document lacks a specified duration. The tenant's acceptance of rent after receiving a notice under Section 106 suggests a month-to-month tenancy. The query also questions whether a standard rent can be fixed under the UP Rent Control Act and seeks legal citations for clarity on the lease's duration and landlord's options.

Dr J C Vashista (Expert) 14 August 2020
It is month to month basis till final handing over possession of leased plot to landlord.
How a lessee can construct house on leased property without consent of landlord ?

Dr J C Vashista (Expert) 14 August 2020
What was the landlord doing for the last 73 years qua fixation of rent, possession of leased property and his status in the absence of registered lease deed as required u/s 17(2) of the Registration Act, 1908 ?

Rajendra K Goyal (Expert) 14 August 2020
Local law apply better discuss with local lawyer.

Whether the premises need to be vacated or standard rent need to be fixed?

P. Venu (Expert) 18 August 2020
You had posted very same query sometime back at https://www.lawyersclubindia.com/experts/revenue-court-of-civil-court--718891.asp and I had sought the following information on 20th May:

"Is the annual rent, as specified, is still being paid to the erstwhile Zamindar or his successors? If not, since when the payment has been discontinued? Has the property been assessed to land revenue? How is the property recorded in the revenue/municipal records? Who is holding the land as per those records?"

But you had avoided furnishing the information. The present posting has same facts with some modifications.

Rajendra K Goyal (Expert) 19 August 2020
Please provide martial facts to form an opinion and hence, give advice.

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