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unregistration of deed

Querist : Anonymous (Querist) 04 May 2010 This query is : Resolved 
I am a commercial tenant since 17years.As my landlord was not in a good health, i couldn't register the DEED 17years back.Now my landlord is no more (died).My landlord son wants me to vacate. But i still have 1year lease left.My landlord had taken PAGADI from me, when i entered into this lease ,in writing in that deed. NOW Can i register this Lease deed so that i can file a case in court.CAN i legally clam my Pagadi from my landlord"s son at today market price before vacating .
R.R. KRISHNAA (Expert) 04 May 2010
As the landlord is expired you cannot register the lease deed. But you can seek pagadi from the landlord's son. For claiming today's market price over the pagadi there must have been a specific clause in the lease deed. If there is no such clause you cannot claim any marketprice at today's rate on the pagadi.
Raj Kumar Makkad (Expert) 04 May 2010
I have similar opinion as of Krishana.
Parveen Kr. Aggarwal (Expert) 04 May 2010
A document cannot be registered after expiry of four months of its execution. (Section 23, Registration Act, 1908)

You cannot claim pagadi from your landlord's son.
G. ARAVINTHAN (Expert) 10 May 2010
Krishna is right


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