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shyam lal   05 October 2025

Lease deed

Lessor and Lessee signed a lease aggrement. where in the Lessee paid the Lessor advance security deposit to the Lessor with the understanding that on the date of possession the registration of the Lease Deed would also take place. Situation is the date of registration and possession of the premises by lease has not taken place. Query..can the lessor forfeit the advance paid deposit?and can he enter a new lease agreement with a new lease without giving any verbal or written legal notice?to the previous lease... The lease period agreed was 29yrs 11months. Lastly can the Lessee get a court order challengeing the Lessors move in stoping in signing a fresh new lease with the new party..?



 4 Replies

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 .

1 Like

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.

1 Like

shyam lal   06 October 2025

Thanks once again all quires are have been answered loud and clear.


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