How to revoke an agreement?

The rental agreement cannot be revoked unilaterally unless there is a breach of the covenants of the deed.

otherwise both the parties need to sign in the revocation deed

The query is -  How to revoke a notrisied rent agreement?

Firstly, we have to satisfy ourselves as to whether the property and the transaction fall within the Rent Control laws of a particular state. In such an event the grounds for termination on behalf of the landlord are 1) Default in payment of rents by the tenant, 2) Bonafide requirement of the landlor, 3) unauthorized sublease by the tenant, 4) alteration without consent of the landlord 5) alternate title being claimed by the tenant against the interest of the landlord.

In case the transaction does not have the protection of the rent control laws then we have to see whether the agreement requires registration. For instance since 01.04.1999 all the lease deeds are compulsorily registratable documents in the state of Andhra Pradesh under Section 17 of the Registration Act. In case of non registration this instrument becomes inadmisible in evidence under the provisions of the Registration Act and the same is a fatal defect in the instrument unlike the instruments which are insufficiently stamped which is a curable defect by paying an impounding fee.

In the present case as a notarized agreement is mentioned we can assume that the said document is not registered and hence hit by the bar under the provisions of the registration act as applicable to the state of Andhra Pradesh. The contents of the deeds have therefore to be proved by evidence other than the notarized agreement and in the absence of the same the termination of this agreement would be under Section 106 of the Transfer of Property Act by giving a notice of 15 days to the tenant. The modes of service of notices under the said provisions are mentioned in the said section. The relevant case law is  AIR 1989 SC 630, with regard to the service of notice.

In case of a registered rental deed apart from the revocation on the grounds of defaults mentioned in such agreements the process and mode of termination of the agreement is mentioned and the tenant and the landlord are bound by the said procedures.

Revoke and terminate may not be synonyms but short of details this write up would answer the query.

regards

Abhay Singh

Advocate

I completely agree with Mr. Abhay Singh !!!

 Hello,

                 I have made a registered Lease agreement for 5 yrs and extendable to 7 yrs and  couple of conditions associated with  it are :

1)Ability to terminate if  monthly lease payments are not made for consequtive 3 months and

2)Take  permission from the landloard  for any rennovations made to the building  costing more than Rs.25000.00

Lease holder violated both the conditions.

What is the possibility of terminating the lease and how to  complete eviction.

How to collect the  10 months past due  lease payments?

Came to know that the leaseholder  took a loan form a Bank showing this lease agreement.

Do I need to file a case in the court or work directly with the Registar office.

Thanks,

Gopi