shyam lal 05 October 2025
Advocate Bhartesh goyal (advocate) 05 October 2025
Unregistered lease deed for period of more than one year is not enforceable particularly when possession of lease property not deliver to lessee.Lessee can sue lessor for recovery of payment made to lessor in advance .
shyam lal 05 October 2025
Advocate Goyal thanks for reply.my concern is as mentioned can the Lessee get a stay order stoping the Lessor from signing a new lease deed with a new party..
Dr. J C Vashista (Advocate ) 06 October 2025
A lease deed executed for a period of one year and above has to be compulsorily registered u/s 17 of the Registration Act, 1908.
Presumably the lease deed (for 29 years 11 months) is an unregistered document which cannot be enforced by law, even if the lessee has deposited security deposit.
Lessor has no right to forfeit the security /advance deposit.
Lessor can proceed for fresh lease agreement with any other person. However, it would be better for both the parties (to avoid inevitable litigation) to inform the lessee (orally or in writing) qua his decision to make a fresh agreement.
Lessee may approach the court for recovery of advance deposit but cannot seek a stay order for fresh lease.
shyam lal 06 October 2025
Thanks once again all quires are have been answered loud and clear.