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Ashvin Khambhata (advocate)     08 December 2008

Regitration of rent agreement

I have one plot obtained from G.I.D.C on lease for 99 years. Now I want to give on rental  basis for 5 years to my friend.Is it ok to make leave& licence areement or to make lease agreement? What should I do?

Ashvin Khambhata



Learning

 7 Replies

K.C.Suresh (Advocate)     09 December 2008

Is it amounts to sub-lease. Whether your lease agreement gives you any authpority to sub-lease? If so you can do that. Other wise it is a good ground for eviction.

Ashvin Khambhata (advocate)     09 December 2008

Thank u very much Sir


AShvin Khambhata

Ajay kumar singh (Advocate)     09 December 2008

Leases are for rent.Licences are without rent/consideration.If you make an agreement for  more than a year,it must be registered.

sanjeev murthy desai (Advocate)     20 December 2008

You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.

D.V.RamaKrishna (Advocate)     20 December 2008

As Mr Suresh rightly said that, you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.


If yes then you can certainly grant a sub-lease under registered document.


If no then you cannot give the property on sub-lease.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 December 2008

you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.


If yes then you can certainly grant a sub-lease under registered document.


 


And You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.





If no then you cannot give the property on sub-lease.


For further querries u can contact me at:rakhibudhiraja@gmail.com


Mb.-09871158678/09711364956

P.Elamaran (Law Officer in a CPSU)     23 December 2008

Dear Mr Ashvin


Unless and untill, there is any specific clause in a Lease Deed for sub-lease, you can't do sub-leasing. Moreover, the lease deed and licence agreements are two different aspect of law and they can't be put together. According to Sec.17(1) of Registration Act, a lease for period exceeding 11 months can be entered into only by a registered instrument.


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