cpc

regitration of rent agreement


I have one plot obtained from G.I.D.C on lease for 99 years. Now I want to give on rental  basis for 5 years to my friend.Is it ok to make leave& licence areement or to make lease agreement? What should I do?

Ashvin Khambhata

 
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Advocate

Is it amounts to sub-lease. Whether your lease agreement gives you any authpority to sub-lease? If so you can do that. Other wise it is a good ground for eviction.

 
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Thank u very much Sir


AShvin Khambhata

 
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Advocate

Leases are for rent.Licences are without rent/consideration.If you make an agreement for  more than a year,it must be registered.

 
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You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.

 
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Advocate

As Mr Suresh rightly said that, you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.


If yes then you can certainly grant a sub-lease under registered document.


If no then you cannot give the property on sub-lease.

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.


If yes then you can certainly grant a sub-lease under registered document.


 


And You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.





If no then you cannot give the property on sub-lease.


For further querries u can contact me at:rakhibudhiraja@gmail.com


Mb.-09871158678/09711364956

 
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Law Officer in a CPSU

Dear Mr Ashvin


Unless and untill, there is any specific clause in a Lease Deed for sub-lease, you can't do sub-leasing. Moreover, the lease deed and licence agreements are two different aspect of law and they can't be put together. According to Sec.17(1) of Registration Act, a lease for period exceeding 11 months can be entered into only by a registered instrument.

 
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