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Jayanta Bandyopadhyay   17 January 2025

Registration of agreement

Our previous Generation and Landlord [ both demised without any formal agreement] .

The small floor was used as shop in W Bengal. Successor of Landlord sold property to Promoter, who wants to execute an agreement with us for new construction and allotment of some space. 

Do we require agreement duly registered on payment of stamp duty and notarized as Promoter is not credible one. Our concern is if he occupies Our space and never gives new property.  Please guide 



Quick Summary
This discussion concerns the registration of a new property agreement in West Bengal, following the sale of land by a landlord's successor to a promoter. The original arrangement lacked a formal agreement. The key concern is whether the new agreement, involving new construction and space allotment, needs to be formally registered and notarised, especially given the promoter's questionable credibility. The advice given strongly recommends registering the agreement to ensure it's legally enforceable against potential breaches of contract by the promoter, such as occupying the existing space without providing the new property.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     17 January 2025

A registered deed is always safe because it can be enforced in case of breach of conditions by either side of the agreement, hence you may insist on getting the agreement registered at least under book-IV

kavksatyanarayana (subregistrar/supdt.(retired))     17 January 2025

The agreement is a compulsorily registered document.

Dr. J C Vashista (Advocate )     18 January 2025

Whether the document is an agreement, MoU, rent agreement and/or Leave and licence, what are the terms and conditions agreed between the parties ?

Show the document to a local prudent lawyer for proper analyses, forming opinion and professional advise.


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