Lease agreement
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
Dear Sir,
I do a lease agreement on Rs.100/- stamp papers with witnesses and notary signed. But not registered. Terms of agreement was both lessor or lessee is restricted to 3 years i.e. lock in period 3 years. if anyone brack the rule then he should pay balance months rent from 36 months(want to vacant by either party).
Now the tenant(lessor) want to vacant the the premises after six months from start the agreement.
Is aggreement is vaild or not?
Can court give the relief to lessor?
any other thing that is in favour or agasint for lessor.
please suggust if any other thing is also in your way.
regards,
Rupesh Arora
Querist :
Anonymous
(Querist) 04 October 2011
I am sorry, I wrote tenant(lessor).
It is tenant(lessee).
typing mistake.
Rupesh Arora
Sankaranarayanan
(Expert) 04 October 2011
All agreements are not need to be registered , if anyone going against or breach of agreement then they have to bear the consequence. We don't know the full details of agreement of your lease.
IF any agreement between party, then both side should be obey and follow it. if any one deviated from the agreement then other can seek the remedy by suite
Sailesh Kumar Shah
(Expert) 04 October 2011
Shri Sankar Narayan
Section 17(1)(d)says the document shall be registered lease of immovable property from year to year, or for any term exceeding one year.
ajay sethi
(Expert) 04 October 2011
a document which is not registered is in admissible in evidence . if lessee goes to court no relief will be granted on un registered document .
better compromise with each other and get your premises vacated peacefully . it appears your document must have been understamped too .
Sankaranarayanan
(Expert) 04 October 2011
yes just only i found that is three year. i agreed with great friend mr shah. i thought it is 11 month agreement.
Sailesh Kumar Shah
(Expert) 04 October 2011
a document which is not registered, is "NOT" admissible in evidence.
prabhakar singh
(Expert) 04 October 2011
A lease like one of yours being for three years does require REGISTRATION and proper payment of duty also.
The lease in question being simply notarized,and under stamped is certainly not enforceable through a court of law in view of the fact that it is inadmissible in evidence,and can be looked into only for collateral purpose ,to say,to determine the nature of possession the the possessee has against the owner.
So being the case land lord lessor can not enforce its terms against the lessee tenant
in a court of law to seek damages caused on breach of its term of three years,because the the tenant/lessee here in instant case would be treated at best a defacto tenant for a tenancy month to month and not as tenant djure for a fixed period of three years ,therefore if the tenant vacates the premises within six month the landlord would not be able to enforce the term of three years through court of law.
Raj Kumar Makkad
(Expert) 04 October 2011
I have also similar opinion as of all other experts.
