Lease Deed
Abhishek Lyall
(Querist) 24 July 2009
This query is : Resolved
I want know if the lease agreement is signed for three year and there is a clause in the agreement that any party can give a notice for ome month and vacate the the propert whether still it will be called as lease agreement and since there is aclause for vacating after giovng notice for one month whether the same is required to be registered under the registration act 1908. I have come across one article which says that such agreement is called rental agreement on rent to rent basis which is renewed automatically every month till one party gives notice. which means the actual fixed term is only one month.
Thanks
A V Vishal
(Expert) 24 July 2009
Abhishek
The clause in the lease deed about vacation of the premises without prior notice does not in any way change the nature of the deed. Yes, the deed has to be registered under the registration act after paying the requisite stamp duty. In case it is not registered then it is affected by disabilities under the evidence act.
sanjeev murthy desai
(Expert) 24 July 2009
Dear Abhishek,
There is no diference between lease and Rental agreement under transfer of property. Morethan 11 months of Lease/ rental agreemt should be registered under Registration Act, otherwise it should be impounded.
sanjeev desai
A V Vishal
(Expert) 24 July 2009
In A P even a lease/Rental deed of 11 months or even a lesser period requires registration mandatorily.
Mukul Aggarwal
(Expert) 25 July 2009
if a lease is more than 11 months and not registered than it can not be admissable in court therefore lease will be treated month to month and landlord can give notice under sec. 106 of TP Act to tenant for vacating the property..
