Registration of lease Deed

V.Satya venkatarao (EX Executive Director IFCI) 31 January 2009

The duration of the lease for which the deed is executed will be crucial in determining whether the lease deed is required to be registered or not. As a general principle it can be said that if leases exceed a duartion of 11 months , it is necessary to register the same. However there can be some exemptions granted by the state govts under certain circumstances

rajini (Lawyer ) 31 January 2009

under the transfer of property act every lease traction as to registrered under the indian regitration act 1908 if the property value is more than Rs: 100. if you want more details kindly read the provisions under the Transfer Of Property Act 1882

S.PRANOYSHUBHRA (Advocate) 31 January 2009

Thank for taking out the time and replying to my query, The lease is for a period of three years and the Lessor want the Lease Deed to be registered.

A V Vishal (Advocate) 01 February 2009

Mr Pranoy:

The lease deed can be registered, however the lessee shall have to pay additional fee by way of penalty for delay in registration.The relevant provisions under the Indian Registration Act as amended in A P State is as under:

CHAPTER IX

[Sections 25 and 34]

Delay in Representation and Appearance

36.(i) A Registering Officer may require that the date of execution shall be entered in a document presented for registration wherever it is not found therein.

(ii) The date of execution of a document is the date on which it is signed by the party and the date on which a document bears at its head is not necessary the date of its execution though it is prima facie so.

(iii)T he date on which a certificate of sale by a Civil or Revenue Court was signed by the Court shall be taken as the date of execution for registration purposes.

(iv) An alteration in the date of execution of a document made ostensibly for the purposes of evading payment of the penalty leviable under Sections 25 and 34 shall not be recognised and the document shall be treated as having been executed on the date originally entered therein.

(v) If the date of execution is not stated or if it is altered or if the document bears an impossible date or fictitious date anterior to the date of purchase of stamp on which the document or any portion of it is written the document shall be refused registration if the correct date cannot be ascertained;

Provided that nothing in this sub-rule shall apply to wills presented after the death of the testator.

37.Application for registration on payment of fines under Sections 25 and 34 shall be in writing. A statement recorded from the party concerned shall be regarded as equivalent to an application under those sections.

38. The fines for delays in presentation and appearance under Sections 25 and 34 shall be regulated as follows: —

When the delay does not exceed one week after the expiration of time allowed for presentation or appearance.	A fine equal to the registration fee.
When the delay exceeds one week but does not exceed one calendar month.	A fine equal to twice the registration fee
When the delay exceeds one month but does not exceed two months.	A fine equal to twice the registration fee
When the delay exceeds two months but does not exceed four months	A fine equal to ten times the registration fee.

Explanations:—(1) The fine shall be levied in addition to the proper registration fee.

(2) The term registration fee as used in this rule does not include the fee for copying documents and endorsements thereon or the fee payable for the registration under Section 33 or for filing a translation under Section 19 or fee for copies and Memoranda of attendance at a private residence or for the registration of a duplicate or triplicate.

39. Whenever a fine for delay in appearance is levied on more occasions than one in respect of one and the same document, the amount of the fine leviable on the second and subsequent occasions shall be the difference, if any, between the total amount leviable upto the second or subsequent occasions and the fine previously levied in respect of such document.

39.(i) Whenever an application under Section 25 or Section 34 is lodged with Sub-Registrar, he shall forward the same, whether he considers the reason for delay to be satisfactory or not, for the orders of the Registrar but as laid down in Rule 32 (iii) there is no objection to his recording the admission of execution on such a document before forwarding the application to the District Registrar.

(ii) When the District Registrar condones the delay either under Section 25( 1) or under the proviso to Section 34(1) and directs either the acceptance of the document for registration or its registration as the case may be, the Sub-Registrar on receipt of orders to that effect from the District Registrar shall make an endorsement on the document above the registration certificate in the following form and close the same with his signature and date:

"Acceptance for registration/admission to registration was directed by the District Registrar of in his Order No ………………….. dated …………… on payment of the fine of Rs. ……………………. for a delay of under Section 25, Section 34 of the Indian Registration Act, 1908".

Date: Signature of the Sub-Registrar

Prakash Yedhula (Lawyer) 02 February 2009

Within FOUR Months from the date of execution, the document should be presented.

“The District Registrar may condone delay upto four months beyond the period of four months from the date of execution.”

No time limit for executed Wills

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 24 February 2009

Mr. Y. Parkash is absolutely right. I do agree with him.

Sumita (HR) 06 March 2009

Good Morning,

I have some doubts on registration, if one could please clear them for me.

Overview: Basically i need to sign a lease deed for 11 months but i want this registered. The owner is not agreeing for a lease deed for 3 years, he wants the agreement renewed every term. I am also paying him a deposit for 10 months.

Now, can some one tell me the different ways of getting this registered.

A V Vishal (Advocate) 07 March 2009

Dear Sumita:

In A P it is now mandatory to get a deed of 11months to be registered in the sub registrar's office. Both the lessor and lessee have to present themselves before the Sub Registrar to have the deed executed. For different periods of leases the stamp duty is different. In your case,

The provisions of sections 5,6,20,21,25, 41-A and 47-A of the Indian Stamp Act, 1899 (II of 1899) shall mutatis mutandis apply to calculations of value for the purposes of determining the registration fee and its collection.

At the total rent when the lease is for one year or less;

BHANU RASPUTRA (ADVOCATE & SOLICITOR divyatta.r@gmail.com) 11 March 2009

agree with LR FRIEND VISHAL VIEW.

V.Satya venkatarao (EX Executive Director IFCI) 11 March 2009

The registration of a document as per the Indian Registration Act is required to be registered within 4 Months from the date of execution and if the same is not done within the said period,the registration may be done within a further period of four months

Rao

S.PRANOYSHUBHRA (Advocate) 11 March 2009

Dear Sumita

it is not at all compulsory to get your document registered and even if you dont get it registered still it is valid and will always considered to be an authentic one, by the way you can get the document notarised.