Dear All
Is Unregistered supplementary lease deed (For lesser rent) valid, enforceable and admissible evidence???
Prem Krishanan ( Legal) 03 October 2011
Dear All
Is Unregistered supplementary lease deed (For lesser rent) valid, enforceable and admissible evidence???
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
(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.