query about rent agreement

Surekha Jagdish Dabi (Querist) 05 January 2011 This query is : Resolved
It is to be registered to enforce it in the courts of law and it is made compulsorily to be registered. Also u can notarize it on Rs.500/- stamp paper in Maharashtra

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Y V Vishweshwar Rao (Expert) 05 January 2011
It is true the lease Deed to be Registered - Recent Judgment - If the Lease Deed is not Registered the Contents/Terms (other than Ownership) can not be proved and the lease shall be treated as Month to Month only !

Parveen Kr. Aggarwal (Expert) 05 January 2011
Section 17 of the Registration Act, 1908:

"17. Documents of which registration is compulsory: (1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-
(a)................
(b)................
(c)................
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

Section 107 of the Transfer of Property Act, 1882:

"107. Leases how made: A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a registered instrument.

All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

Where a lease of immovable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee:

PROVIDED that the State Government from time to time, by notification in the Official Gazette, direct that leases of immovable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession."

Kirti Kar Tripathi (Expert) 05 January 2011
Well advised by Mr. Praveen. I agree.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 January 2011
But Mr Rao unregistered lease deed means not month to month.

The querry is for Mahrashtra. The Mah rent control act says for unregistered lease deed the version of tenant will only be acceptable.

Guest (Expert) 05 January 2011
concerned rent control acts will govern the same

Y V Vishweshwar Rao (Expert) 05 January 2011
Dear Friends I agree with You !

I Information that ;-
Section 17 (d)- Registration Act 1908 -
(AP Amendment - Act No;- 4/1999 ) " Lease of Immovable Property "

(the 11 months / or / one year or amended /omitted -
It is true Rent Control Act defers from Sate to state !