Notaried rent deed
kamal krishan
(Querist) 03 January 2015
This query is : Resolved
Honble experts ,
pl help thru ur reply ;
A rent deed signed by both land lord and tenant which is also attested by the notary , and both parties have put their signature on the register of the notary . Is the contents this /terms and condition are valid in the courts of law in the event of dispute between the parties .?
Pl note that no other witness is on the the rent deed . Now the the question is whether such rent deed is valid in the eyes of law in dispute?
ajay sethi
(Expert) 03 January 2015
in Maharashtra it requires compulsory registration . un regd document is inadmissible in evidence
prabhakar singh
(Expert) 03 January 2015
In many jurisdictions it would hold valid if it's tenure was only less than a year.
A notarized document is treated as to be correct unless party denying it's execution proves it otherwise.
Anyway even a document required to be registered but found unregistered can be taken into account for collateral purposes by the court.
ajay sethi
(Expert) 03 January 2015
Mr Prabhakar singh is right .
Bombay high court has held that An unregistered document which requires registration under section 55 of the said Act can be read in evidence provided the same is proved and the same is otherwise admissible in evidence. Section 49 of the Registration Act of 1908 will not be applicable to such document which is required to be registered under section 55 of the said Act. Therefore, a document which requires registration under section 55 of the said Act does not become an invalid document. The presumption under clause (b) of explanation to section 24 of the said Act is applicable only when an application for eviction is filed relating to the premises given on licence for residence. In other proceedings, the said presumption may not apply. Therefore, notwithstanding the non-registration of an agreement in writing of leave and licence in respect of the premises given for residential use , when an application under section 24 is made ,the clause
(b) will apply to such agreement and it will not be open for the licensee to lead any evidence contrary to the terms and conditions provided in the said agreement.
ajay sethi
(Expert) 03 January 2015
you rent deed would be valid in eyes of law
prabhakar singh
(Expert) 03 January 2015
Thank you Mr. ajay sethi for confirming my opinion.
Devajyoti Barman
(Expert) 03 January 2015
In WB registration of tenancy agreement is not compulsory.
kamal krishan
(Querist) 03 January 2015
Thank u experts ,for prompt reply .
Sirs , my case is of Himachal Pardesh . So view on this pl More sir, premises is for commercial , carrying business activities . Pl send ur opinion
Rajendra K Goyal
(Expert) 03 January 2015
Consult local lawyer in view of the local law involved.
Sailesh Kumar Shah
(Expert) 03 January 2015
Deed is not valid. Since it was not signed by any witnesses.
K.K.Ganguly
(Expert) 04 January 2015
As per W.B. Premises Tenancy Act, 1997, tenancy agreement is not legally required to be registered.
T. Kalaiselvan, Advocate
(Expert) 07 January 2015
The deed duly notarised need not be worried about not being witnessed and also other than Maharashtra and in few other states, a rental agreement for a period less than one year need not be compulsorily registered, for HP, you may consult a local lawyer.
malipeddi jaggarao
(Expert) 11 January 2015
Agreed with the expert Mr.Kalaiselvan and Mr.Prabhakar Singh. It is valid in those States where registration of rental agreement is not compulsory.
kamal krishan
(Querist) 11 January 2015
Thank u experts , for the opnions, given .
Sir , I have another question , What will be the fate of such deeds , if not registerd .
In such sitvation will the tenanat become the absolute enjoyner of the lanlords prperty ?
1 . is tenant absolved to pay the rent to landlord that is too with the blessing of law of courts.
2 . For eviction , no law will favour the landlord.
3. Terms reduced in to writing under the signature of both parties will stand null and wide . ?
Only deed is not registerd amount to make the tenant, oner indirectly .? Kindly opinion on these issues
V R SHROFF
(Expert) 29 January 2015
if tenant in possession, can be evicted only after due process of law.
So landlord fails.
malipeddi jaggarao
(Expert) 30 January 2015
Whether there is rent deed or not, whether the rent deed is executed legally or not, will not change the rights of the landlord and tenant. Only the difference is if there is valid rent deed the terms and conditions laid down in the deed will have to be adhered to by both the parties unless the terms are against the law of the land. In the absence of valid rent deed, the concerned parties have to prove their rights with other evidence. Heavens will not fall down on the head of the parties if there is no valid rent deed between their relation.
kamal krishan
(Querist) 25 February 2015
Thank u experts for valuable opinion . I m oblidged .I Will remain with u in future for legal consultations .
Guest
(Expert) 25 February 2015
Seems to be an academic query.
Do you have any concern with the case, as the case does not seem to relate to you in any way, as per your description?
However, legal compliances are more relevant than any notorized or registered rent agreement between the landlort and tenanct.
kamal krishan
(Querist) 25 February 2015
Respected Dhingra Sahib ,
I need the assistance for querry , it is related to me . Kindly send ur vluable required answers , which will be a greate help from ur expert knowledge . Even if It may be a accademic querry , pl do comment ur opinion
Guest
(Expert) 25 February 2015
Mr. Kamal Krishan,
A solution can be expected when description of the nature of problem with its background and cause of problem is made by the querist.
But, instead of writing your problem without any background with cause of such problem, if you face any, you have put a simple student-like academic question "whether such rent deed is valid in the eyes of law in dispute?"
So, you can very well imagine, what type of assistance can be provided without knowing the problem, background & cause, except a general answer to general question?
