NOTARY LEASE VALIDITY


We have a  property that was leased by 1 uncle for 99 years since 2003.But it was notarized and not registered. That uncle who leased the property,passed away in 2007.

Is there any chance of loosing it as it was not registered?Can his heirs claim it?Is notarial certificate enough to aunthenticate and validate our right on the property?

Pls ans.Thanks in advance.

 
Reply   
 
Advocate

Sir,

Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is compulsory. The documents relating to the following transactions of immovable properties are required to be compulsorily registered:

  1. instruments of gift of immovable property.
  2. lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.
  3. Instruments which create or extinguish any right or title to or in an immovable property of a value of more than one hundred rupees.

Admittedly the lease is for a period of 99 years. If you intent to claim any right over the property the document of lease should be a registered one as per the section mentioned above. The notary attestation is not of assistance to you. The notarial certificate is not  enough to aunthenticate and validate your right on the property


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Reply   
 



 Registration of Lease of 99 years is obviously compulsory as replied by Advocate Kumaravelu.

You need to have the said document vetted to find out whether it can be regarded as an agreement to lease and nature of your rights with remedies available to you in case of dispute by heirs of your uncle, who executed the instrument.  

 
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Retired

 We take too many things for granted. It is one more example of not following the law. I am sure many more postings even from well educated people will be pouring in on similar subjects. 

When will the misconception be removed?

 
Reply   
 

Hello,

i dont have nay knoweledge about but would suggest you to find the validity of
notary. Hope that can help you.

 
Reply   
 
Advocate

dear all, 

i agree that the said lease deed needs to be registered but non registration of the same does not make it unlawful. the lease deed shall be admitted as an evidence once duly stamped hereinafter and then got registered. 


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Reply   
 
Lawyer

your lease deed is valid, if you want to get it admitted in evidence you have to pay the penal charges layed down in law.  You need not worry about loosing your property for non registration of a lease deed.  You may have to pay heavy penalty. Do not get disharted by the word heavy.

 
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ADVOCATE

I think u paid actual stamp duty and registration this lease deed. The notarized deed  is velid but not better than rigistered so u can registerd this deed,  this is best way for u in future. 

 
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How can I get my notarized lease registered?it ll be greatly helpful to me if u tell me the procedure

 
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Retired

Which authority leased it? If it was a govt agency, how can they give a land for 99 years on lease without registration?

 
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