Validity of execution of lease deed on stamp paper of delhi, if leased prop. is in u.p.
Hariom Ginotra
(Querist) 02 August 2013
This query is : Resolved
Is any lease deed executed on stamp paper, of Rs. 100/-, purchased from Delhi, is enforceable or not, if the leased property situated in U.P.? Kindly tell me the answer in two circumstances (i) if lease deed is for 11 months and notarized, (ii) if lease deed is for more than 11 months and only notarized.
R.K Nanda
(Expert) 04 August 2013
not enforceable in both cases.
Hariom Ginotra
(Querist) 05 August 2013
Dear Mr. Nanda,
Can you please explain the reason for this?
In relation to this subject there is law that immovable property transfer should be registered in the area in which it is situated, but in this case we are not going for registration. In fact for 11 months lease deed is optional for registration.
Raj Kumar Makkad
(Expert) 05 August 2013
If lease is for the period below 11 months, then there is no need for the registration but if it is for more than it compulsorily need registration but the registration of the lease is required at the place wherein the property is situated.
Hariom Ginotra
(Querist) 07 August 2013
Dear Mr. Makkad,
You r very much right. Further, my query is something different, which is explained again below.:
If a lease deed is to be executed between two companies with only notarization not registeration. First company (lessor) is having its regsiterd office in Gurgaon and the second company (lessee)is having its registered office in Delhi. While the property taken on lease is situated in U.P. Then in such case can we execute the lease deed on stamp paper of Delhi or Gurgaon? or stamp paper of U.P. is required for lease deed? And which one is enforceable in court of law. Pls. answer with some supporting reasons for two circumstances i.e. (i)if lease period is for 11 months or (ii) for suppose 2 years.
Thanks With Regards
Hariom Ginotra
