Lease deed
Amardeep
(Querist) 22 August 2013
This query is : Resolved
Lease Deed can be notarizes before Notary and if yes then then what will be stamp duty to be paid while registering the document before notary.
ajay sethi
(Expert) 22 August 2013
lease deed has to be affirmed before Registrar . it has to be duly stamped and regd . notarisation wont work
Amardeep
(Querist) 22 August 2013
is there any section or any provision of law
Rajendra K Goyal
(Expert) 22 August 2013
P&H High Court has observed as under:
Punjab-Haryana High Court
Ram Bhul And Others vs Ram Chand on 5 July, 2010
R. S. A. No. 347 of 1985 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : R. S. A. No. 347 of 1985
"Consequently, in view of Section 17 (1) (d) of the Registration Act, 1908 and Section 107 of the Transfer of Property Act, 1882, the lease deed required compulsory registration, but the same is unregistered. Consequently, the unregistered lease deed could not transfer any right, title or interest in the suit land in favour of the plaintiff. Learned counsel for the plaintiff-respondent contended that even unregistered lease deed can be looked into for collateral purposes like nature of possession. In support of this contention, reliance has been placed on a judgment of Hon'ble Apex Court in the case of Bondar Singh vs. Nihal Singh reported as 2003 (1) PLJ 366. The contention has no merit because the lease deed, being unregistered, could not have the effect of creating lease rights in favour of the plaintiff. At the risk of repetition, it has to be highlighted that lessors, who executed the said lease deed, were not in possession of the suit land and therefore, they could not deliver its possession to the plaintiff by merely executing the lease deed."
prabhakar singh
(Expert) 22 August 2013
WHAT WOULD BE PERIOD OF THE LEASE.
LEASE BELOW A YEAR CAN BE UNREGISTERED AND NOTARIZED.
bUT LEASE ABOVE A YEAR ARE COMPULSORILY REQUIRED TO BE REGISTERED.
r u an advocate?
read section 107 of T.P.A
Amardeep
(Querist) 22 August 2013
thank you sir
Raj Kumar Makkad
(Expert) 23 August 2013
Lease below the period of 12 months need not compulsory registration even in Haryana.
