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Saikat (B Tech)     11 February 2010

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.



Learning

 14 Replies

H.D.Kumaravelu (Advocate)     11 February 2010

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

1 Like

Shrichand Nahar (Advocate)     11 February 2010

 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.  

Anil Agrawal (Retired)     12 February 2010

 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?

shreekant (hr executive)     22 March 2010

Hello,

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

Manish Singh (Advocate)     22 March 2010

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. 

1 Like

Bobby Mani T (Lawyer)     04 August 2010

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.

Bharatkumar (ADVOCATE )     04 August 2010

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. 

Saikat (B Tech)     05 August 2010

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

Anil Agrawal (Retired)     05 August 2010

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

Saikat (B Tech)     05 August 2010

@Anil

sir please see above,my question would answer ur queries.

@All above

Is there any  court verdict which gone in favor of notarized lease and can be used as a reference? penalty does not matter

Anil Agrawal (Retired)     05 August 2010

I am poor in English so I don't understand what is the meaning of "1 uncle leasing the property to another person for 99 years". I shall be most grateful and enlightened if some friends could tell me that property can be leased by a private person to another person for 99 years. I seem to be labouring under the misconception that it is only govt agency that can do it.

Saikat (B Tech)     05 August 2010

Anil Agrawal (Retired)     05 August 2010

The information is quite new and amazing to me. By the way, how much stamp duty is payable on lease deed for 999 years?

ezra thomas (Employee)     01 October 2010

Our Trust has taken a land on lease for 99 years from one of the Trustee , and has built a building. Now the Landlord, who is also a Trustee, wants us to vacate the premises.

1. Rs. Ten Lakhs has been paid as the lease rent for all 99 years

2. The lease deed is notarized, however there was an oral agreement that the deed would be registered whenever all the Trustees find it necessary.

3. For the building expenses the landlord (Trustee) and I were the authorized signatories in the bank cheques. The building had cost us around Rs. 35 Lakhs.

4. Now he is forcing us out of the building... what can we do???
 


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