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Shiv Tarachand   20 March 2025

Termination of lease

A land was given on lease through a registered lease deed for a period of 29 years. The lease is monthly and the lease rent is being paid every month. The clauses in the lease deed do not say anything about the notice period to be given for termination of lease. 8 years have elapsed now and the lessors want to terminate the lease. The lessee is not at fault. The lessors have some problems on their side. Is it possible to terminate the lease? Having given the land on lease for 29 years, can we now terminate the lease after 8 years? How much notice period should be given? Is it necessary to give legal notice? Under what provisions of law should the legal notice be given? Will the local state laws be applicable or will the all India laws be applicable? Is it necessary to approach the Court? After giving the land on lease, do the lessors have the option of terminating the lease? Please reply with relevant provisions of law. 



 7 Replies

P. Venu (Advocate)     20 March 2025

Any suggestion depends upon the nature of the property and its occupation as well the lease conditions and the laws in force in the gien State.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     20 March 2025

The landlord cannot demand the tenant to vacate the leased property in general.  He shall serve the notice for violation and give a chance to the tenant for remedy.

1 Like

T. Kalaiselvan, Advocate (Advocate)     20 March 2025

It is essential to peruse the lease agreement deed to form any opinion to your problem.

1 Like

Shiv Tarachand   21 March 2025

Grateful to experts for your responses. 

She Commie   21 March 2025

A short answer to your question based on the limited facts you provided is: you cannot terminate or determine the lease before 29 years, which is the agreed lease period in the registered lease deed. 

The first option is you wait for 29 years, which is the agreed lease period. 

If you cannot wait for 29 years, the second option is you request the lessee, you pay him adequate compensation, you give him adequate time to vacate and amicably settle the issue by getting him to vacate the land at a time convenient to him. 

If the above two options do not work, the only option is to approach the Court and show valid reasons to determine the lease. If he violated any clauses in the lease deed, you can tell the Court. However, the Court will ask the lessee to remove those violations. The Court will be inclined to continue the lease as much as possible. It will not be inclined to terminate or determine the lease. 

You can give a legal notice under Section 106 of Transfer of Property Act. It is a good practice to give this legal notice. Some Courts ruled that it is not necessary to give this legal notice, and it will not give you any special advantage, however it is a good practice and I suggest that you give a legal notice under Section 106 of Transfer of Property Act. If it is a monthly lease, notice period of 15 days would be sufficient. However, since the lease period is 29 years, notice period of six months may be necessary. After the expiry of notice period, you can file an appropriate legal proceeding. 

Some states enacted local laws explicitly stating that you can evict the lessee only after getting a decree from a Court. Anyway, that is the only option you have if the lessee refuses to vacate. 

The local state laws as well as the all India laws such as Transfer of Property Act may have provisions which may be helpful to you.

You must consult experienced lawyers with a copy of registered lease deed to get correct advice. 

1 Like

R.K Nanda (Advocate)     23 March 2025

All depends on terms and conditions of lease. 


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