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Prem Krishanan ( Legal)     03 October 2011

Sup

Dear All

Is  Unregistered supplementary lease deed (For lesser rent)  valid, enforceable and admissible evidence???



Learning

 6 Replies

K. GOPALAKRISHNAN (ADVOCATE)     03 October 2011

Furnish contents of the supplementary lease deed and also state that any further advance amounts have been received.  State the details about the primary lease deed - completely. 

Prem Krishanan ( Legal)     03 October 2011

Dear Gopalakrishnan

The Suppl. Agreements only only modifies the Principle agreement, reciting the reduction of rentals only i.e., Rent Of Rs. 20,000/- from 09.05.2009 to 09.03. 2010, Rs 17,000/- from 10.03.2010 till expiry of the principle agreement.

(principle deed if for 9 years)

kumar t v s (advocate)     03 October 2011

Dear prem krishnan,

Generally lease deeds of more than 1 year term are compulsorily registerable documents in many states. But unregistered lease deeds are admissable in evidence for collateral purposes like establishing the owner and tenents relationship etc...

 

Sup lease deed is only an extention/modification of certain clauses of principal deed it will have the same value as that of principal deed.

K. GOPALAKRISHNAN (ADVOCATE)     04 October 2011

I do agree with T.V.S. Kumar, Advocate.

Prem Krishanan ( Legal)     04 October 2011

Dear Sir,

Thank you very much for your input, but my understanding as below;

The period of the lease, the quantum of the premium paid and other terms and conditions remain unaltered except the rent was renegotiated and reduced and as such no fresh transaction has been entered into. The supplementary agreement is not a deed of lease within the meaning of Section 105 of the Transfer of Property Act

And unless the essential ingredients thereof as contained in Section 105 of the Transfer of Property Act are not altered, it cannot be said that the parties to the contract entered into a fresh transaction.

As such registration of Supplementary agreement renegotiating   and reducing the rentals from the agreed rent under the principle agreement is not required.

PLEASE CORRECT IF I'M WRONG

kumar t v s (advocate)     04 October 2011

Sri Prem Krishnan,

I presume the original lease deed is registered. If yes than having another document which is not regd has no meaning as the original deed will prevail. So necessarely the sup lease deed also is to be registered.

 

If the original lease deed is not registered than the sup deed's registration has no meaning.

 

If you are worried about the reg. expenses of SUP deed, you may seek exemption as the stamp duty and reg charges for the principal deed already paid.


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