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Lease deed

(Querist) 22 November 2013 This query is : Resolved 
Is signature sufficient in case of lease deed
OR
Signature and Left thumb impression, be sufficient
in case of Unregistered lease deed
(as in case of registered lease deed,Respected Registrar insists on left thumb impression backside done)
Which of the above is better in order to avoid future differences ???
Respected Experts Views are required, please help.
ajay sethi (Expert) 22 November 2013
always go in for regd lease deed to avoid future complications . go in for signature and thumb impression of the parties
ajay sethi (Expert) 22 November 2013
always go in for regd lease deed to avoid future complications . go in for signature and thumb impression of the parties
BAALASUBRAMANNYAMM (Expert) 22 November 2013
An UN-registered Lease Deed does not requires signature and thumb impression of both owner and tenant, but only signature is enough. And where as, if you want to go for registration, both the signature and thumb impression of both parties are required and thus the acts of sub-registrar is according to registration rules.Registration of a "Lease Deed" is always better.
malipeddi jaggarao (Expert) 22 November 2013
Agreed with expert Mr.Balasubramanyam.
Rajendra K Goyal (Expert) 22 November 2013
Well advised, nothing more to add.
sundar sastri jain (Querist) 22 November 2013
baala subrahmanyam Sir, Why registration is better as a, It is the same deed i.e same piece of paper then why should i go for regitration,What is the value does it add IF REGISTERED;

Respected Experts please participate with sound reasonning
sundar sastri jain (Querist) 22 November 2013
Respected Ajay sethi,what kind of future complications may arise?IF UNREGISTERED

Respected Experts please participate
ajay sethi (Expert) 22 November 2013
un regsitered document is in admissible in evidence . hence always go for registration
ajay sethi (Expert) 22 November 2013
un regsitered document is inadmissible in evidence . hence always go for registration
H. S. Thukral (Expert) 22 November 2013
Any unregistered lease deed shall be on month to month basis notwithstanding period mentioned in the deed. So for a lessee if he wants to stay in for a longer period registration is must. In the absence of registration either party can terminate the lease by 15 days notice.
sundar sastri jain (Querist) 22 November 2013
Respected H. S. Thukralji, As quoted " lease deed shall be on month to month basis notwithstanding period mentioned in the deed"
please define with respect to time limits MONTH TO MONTH BASIS.
What does longer period mean?
Is it advisable to have unregistered lease deed for 3years?

What if it is for 11 months?

PLease express your valuable views
Rajendra K Goyal (Expert) 22 November 2013
Subsequent query is Academic.
T. Kalaiselvan, Advocate (Expert) 22 November 2013
A eleven months unregistered lease deed will do for the present but if you want it for the extended period now itself, it is better to be registered because it will lose its validity if contested through court due to stamp duty problems.
sundar sastri jain (Querist) 22 November 2013
Respected T. Kalaiselvan ji, Loosing validity such a serious, Then what provisions will supersede lease deed, will totally lease deed be null,What are the implications if the deed had provision of cancellation after 3rd year
H. S. Thukral (Expert) 23 November 2013
Mr. Sandeep Jain

Your PM on the subject has been replied in detail.
Surrender K Singal (Expert) 23 November 2013
11 months' is the usual system for avoiding registration
Dr J C Vashista (Expert) 24 November 2013
1. Registeration of lease deed for less than 1 year is optional.
2. Prefer registered lease deed with signature and thumb impression to avoid future leagal complicacies, if any.


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