Delhi rent control law
raja malhotra
(Querist) 13 May 2016
This query is : Resolved
HI
IT WOULD BE GREAT HELP IF YOU COULD RESOVE MY QUERY
I HAVE A CARBIN COPY OF A LEASE DEED , WHICH WAS INITIALLY MADE FOR 11 MONTHS ,
THE RENT IS 1200 / MONTH
THERE IS A CALUSE IN THE AGREEMENT WHICH SAYS THAT " ON EXPIRY OF THE INITIAL 11 MONTHS , THE LESSOR WOULD NOT BE ABLE TO GET THE PREMISES VACATED , AND THE LEASE DEED WOULD BE DEEMED TO BE EXTENDED UPTO THE TIME THE LESSEE DEEMS FIT, AND THE LESSOR WILL NO OBJECTION "
SINCE THIS LEASE DEED WAS MADE 40 YEARS BACK , AND THE ORIGINAL LESSOR AND LESEE HAVE BEEN EXPIRED , WILL THIS LEASE DEED BE ADMISSABLE IN EVIDENCE
AS I HAVE TOLD YOU I HAVE ONLY THE CARBON COPY WITH SIGNATORES AND WITNESS SIGNATUES AS WELL
THANKS
YOU L BE OF GREAT HELP
DR. DIMPLE JINDAL (ADV.)
(Expert) 14 May 2016
carbon copy - can not denied to be admitted.
A carbon copy of a signature is a piece of secondary evidence within the meaning of section63(2) of this Act, being a copy made by a mechanical process which ensures its correctness.
P. Venu
(Expert) 14 May 2016
How you are connected with the matter?
raja malhotra
(Querist) 14 May 2016
We are the lessee,
since i have the carbon copy of the lease , the same is not registered or stamped and is on a plain piece of paper , the date on the lease is 16/7/82, the origianl copy is with the lessor which might be stamped or registered
once again i thank all of you for your precious time and efforts
have a great day!!
Rajendra K Goyal
(Expert) 14 May 2016
Whether signatures are original in the carbon copy?
You can search the records of registrar office relating to the period to get a certified copy if the lease was registered.
Dalip Singh
(Expert) 15 May 2016
Get the record of sub registrar inspected and then apply for certified copy of the sameThe certified copy will be treated as evidence.
T. Kalaiselvan, Advocate
(Expert) 16 May 2016
Since both the parties have expired, the lessee have tenancy rights to an extent of five years alone in the capacity of legal heirs to the original lessee after his death.
consult a local lawyer with the available papers and seek his guidance in person.
