cpc

unregistered rental deed

ADVOCATE

Sir,

 Normally we are entering rental agreement for a period of 11 months to avoid registration.But if the tenant is not willing to vacate after the tenancy period can we legaly evict him?

Pl advice

JAGAN

 
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Advocate

of course you can make them vacate the premises by filing an eviction suit at the rent controllers office or at other court as the case may be. unregistered but for a period of less that one year's lease agreement carries the same value as being a registered one.
 
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Lawyer

If the tenancy is not under Rent Control Act you can give notice of termination of tenancy and file a civil suit. However if the tenancy is protected under Rent control legislation, you have limited options to get the tenanct evicted
 
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Lawyer

Forum Moderator

The law is well settled that any lease deed for a period of more than 11 months needs registration and if the same is not registered, it may not be taken in evidence, however, it can be looked for collateral purposes. Even if the lease deed was unregistered, still it could have been looked by the Court for collateral purposes i.e. for determining agreed rate of rent and other terms and conditions. If the lease deed was unregistered, the natural corollary under Section 116 of the Transfer of Property Act would be that the lease would be month to month basis. If lease was from month to month basis then a notice under Section 106 of the Transfer of Property Act was required to be given.
 
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To hnble,YEDULLAPRAKASH; can you suggest "THE DRAFT" u106 under tr of ppty act so that i can issue one to my LEASEE inMAHARASHTRA?
 
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Advocate

An agreement of tenancy is a document which establishes the relationship of the landlord and the tenant. Once signing the agreement,the the tenant can not deny your landlordship.Pl. see sec.116 of the Evidence Act.You may use even unregistered agreement to evict the tenant.
 
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POWER OF DEFENSE IS IMMENSE

Mr Ajit there is a special act in Maharashtracalled Rent control act. Under this 1) all tanacneies have tio be registered. 2) If the lease is for a period of less than one year the eviction process is easy since there is separete authority to deal with sucn matters. 3) If you have no lease deed or the tanency is for a period of more than one year , the matter goes to regular civil courts. 4) You have limited options for eviction that if the tanent does not pay the rent or he has sublet without your consent or he has done major alterations in the premises without your consent. Normally in all such cases the burden of proof is on you. Otherwise you can not evict the tanent.Under the Maharashtra rent control act if the rent in the vicinity is less or you are charging less rent from others the tanent can ask for reduction of rent through Court.
 
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