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Satish Kumar (Practice)     01 July 2013

Registration of lease deed


Request from Fresher, Newly enrolled:

Lease Deed has signed for commercial demised premises UNTO the lessee (Bank) for the period of (5+5+5) year. Term in the contract is rent will be increased 20% after every 5 year. Lessor hereby agrees that the lessee shall be at liberty to surrender the leased premises at any time before expiry of the lease period by giving three months clear notice in advance and the lessor shall not having any objection for surrender of the premises accordingly. The lessor shall not be entitled for nay compensation/payment of rent for the unexpired period of lease.

No such condition or option of lessor has been mentioned in the agreement that he can give notice to evict the demised premises prior to expiry period.

 Issue No 1:-

Registration fee paid for 5 years.

Period mentioned (5+5+5) years.

No such term has been mentioned about expiry period of lease or no such term has been mentioned for renewal of term.

Period commencing from 01.08.2008

So expiry period of lease will be after 5 years or 15 years?

Issue No 2:-

Lessee would like to remain in the premises for whole 15 years and agrees to pay the increased rent and further registration fee also but Lessor doesn’t want to continue and refusing to register after 5 years. No such term has been mentioned in the agreement that lessor can refuse prior to expiry period or not.

Whether Lessor bound to renew or not?

Is it the duty of Lessor or Lessee to re-register the document?

Is it any need to take any legal action by lessee now?

Whether Lessor can evict the lessee prior to 15 years?


 1 Replies

sk mohataji (proprietor)     02 July 2013

Lessee in my case is central excise dept.of govt.of india, who say are not interested in registration of lease agreement. What to do for registration ? Kindly guide.,

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