how to differtiate tenancy -under rent control act &under Transfer of ppty act

AJIT KAWATKAR (Querist) 02 July 2008 This query is : Resolved
kindly define with illustratition/s if possible.

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Guest (Expert) 02 July 2008
Under TP ACt tenancy is by way of Lease for usually morethan 11 months.

In tenancy under rent control act it usually for shorter duration like ess than 11 months.

amit gupta_lawyer (Expert) 02 July 2008
well lease could also be less than 11 months also though its not mandatory to get it registered however any lease above 1year is mandatory to get registered.
however for falling under rent control act the rent should be less than 3500/- in delhi atleast
and if the rent is more than 3500/- than the tenant would not get the benifit under rent control act.

H. S. Thukral (Expert) 02 July 2008
Rent Control Acts have been legislated to protect the rights of tenanats basically. A tenant can be evicted in only certain circumstances. A rent control act by specific provision excludes the juridiction of a Civil Court. However applicability of Rent Control Acts is also defined in the Act. In Delhi Rent Control Act is applicable where the premises are >10 years old and rent is <3500 pm. In a lease rights are given to enjoy a property for a fixed period and during this period the lessor is prohibited from getting back the property unless covenants provide any eventuality to get back the property before expiry of lease. There is no protection to the lesee after the expiry of lease.

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