Goa lease agreement
Chintaka Perera
(Querist) 15 June 2011
This query is : Resolved
Could some one advise me on,
1. Does Goa law needs registration of the lease agreement.If so,
2. What is the procedure to do it?
Raj Kumar Makkad
(Expert) 15 June 2011
The Goa, Daman and Diu Buildings (Lease, Rent and Eviction). Control Act, 1968. (Act No.2 of 1969)is applicable therein and there is no difference in registration of lease.
prabhakar singh
(Expert) 15 June 2011
The Goa, Daman and Diu Buildings (Lease, Rent and Eviction). Control Act, 1968. (Act No.2 of 1969)does not apply to certain buildings.the relevant provision is reproduced below:
3. Act not to apply to certain buildings.— (1) Nothing in this Act shall apply—
(a) to any building belonging to the Government, or a State Housing Board, or a
local authority, or Industrial Development Corporation;
(b) to any building vested in the Custodian of Evacuee Property;
**(c) to any newly constructed building for a period of “
3
fifteen” years from the
date of its completion;
4
“(cc) to any building let out or leased for the first time on or after 20-4-1994,
whose monthly rent exceeds—
(a)2,500/- if such building is used for residential purpose;
(b)5,000/- if such building is used for commercial purpose”.
**(c) to any newly constructed building for a period of “fifteen” years from the date
of its completion;
3
In place of word “Four” the word “fifteen” is substituted by Amendment Act 8 of 1994 published in the Official Gazette,
Series I No. 5 dated 5-5-1994 and came into force at once.
4
This clause was initially inserted by Amendment Act 8 of 1994, published in the Official Gazette, Series I No. 5 dated
5-5-1994 and came into force at once. Original clause read as follow:
“(cc) to any building, whose monthly rent exceeds–
(a) rupees two thousand and five hundred if such building is used for residential purposes;
(b) rupees five thousand if such building is used for commercial purposes”.
However vide Amendment Act 24 of 1997, published in the Official Gazette, Sr. I No. 27 dated 3-10-1997 present
clause is substituted, which came into force at once. Manual of Goa Laws (Vol. I) – 492 – Buildings (Lease, Rent and Eviction) Control Act
5
“(cc) (i) in clause (a), the expressions “the 1
st
day of January, 1965, or” and
“whichever is later” shall be omitted;
(ii) for the existing proviso, the following proviso shall be substituted, namely:—
“Provided that the fair rent once fixed shall automatically stand increased by 2% per
annum”.
(d) as against the Government to any tenancy or other like relationship created by a
grant from the Government in respect of a building, the possession of which has been
taken over under Section 6.
(2) Where the Administrator is of the opinion that it is necessary or expedient in the
public interest so to do, he may, by notification in the Official Gazette, and subject to
such conditions, if any, as he may specify in the notification, exempt any building or class
of building from all or any of the provisions of this Act.
so if your building falls in any of these exeptions then tenancy shall be governed by Transfer OF Property Act.
For registration one has to visit the office of sub registrar where the building is and present the lease deed for its registration.Both parties should be personally present before registrar unless one or both have appointed a lawful power of attorney by a registered deed of power of attorney.
HOWEVER YOU ARE ADVISED TO CHECK LATEST AMENDMENTS ,IF ANY BY STATE IN GOA IN ITS ACT NO.2OF1969 ,BEFORE YOU PROCEED TO DECIDE ON THE POINT OF EXCEPTION.
IT SEEMS YOU WANT AVOID VISIT GOA PERSONALLY FOR THIS PURPOSE BUT NATURE OF ACT REQUIRES IT.
