lease deed
gopal
(Querist) 22 February 2016
This query is : Resolved
Sir, we being lessee a registered lease was executed between lessor and lessee for a period of 10 years of which only 3 years had passed.the lease was executed before the office of sub registrar office wherein applicable stamp duty of such total 10 years lease period was paid.last month lessor sold its property and new lessor crept in.lessor has agreed to continue the lease on same terms and condition. QUERY: in the above conditions whether a fresh registered lease deed will have to executed with the present lessor again paying the remaining 7 years lease rent or is there any other registered instrument which we can execute. We do not want to pay the lease stamp duty again but the local sub registrar office says that with such change in lessor fresh lease and duty will be applicable . thanks
kavksatyanarayana
(Expert) 22 February 2016
Mr.Gopal, when the lease deed is registered, the lessor intends to sell it, then the surrender lease shall be executed by both parties(lessee & lessor). after registration of surrender of lease (say cancellation of lease deed)then only the lessor can sale the property. however it was done. so you have to go for fresh lease and it requires stamp duty and registration fee. otherwise the lessor, lessee and the vendee(buyer) shall execute a deed of conveyance on sale transferring the lease to the buyer. the stamp duty & registration fee shall be payable accordingly.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 February 2016
Fresh lease agreement to be executed followed by payment of stamp duty n Regn
Adv. Yogen Kakade
(Expert) 23 February 2016
Yes.. fresh lease deed is to be executed.. stamp duty and registration charges shall be applied as per the current rule.
Rajendra K Goyal
(Expert) 23 February 2016
Fresh lease deed need to be executed.
Rajendra K Goyal
(Expert) 23 February 2016
repeated query:
http://www.lawyersclubindia.com/experts/Lease-deed-586156.asp#.Vswy6Pl97IU
