What If Lease Agreement Is Not Registered

The concept that the tenant has an advantage over the landlord is then that the lease is registered, where the rental rights are legally created. Hello, Suppose you rely on the agreement in court, then you have to pay stamp duty and if the tenant has the relay on the contract, then the tenant must pay the stamp duty. [2] Historically, the Registration Act was intended to: (i) recover copies of lost, destroyed or transferred agreements; (ii) provide proof of execution, since the execution is authorized by the executor; (iii) assists in recording the details of past transfers relating to a property in order to confirm the title and thus prevent fraudulent transactions. Your best option is to cancel the existing rent and convince the tenant to enter into a fee lease. Have it stamped correctly and have registered the end of the agreement or if we exhibit an early exposure if it refuses to pay the rent or is not marketed at the end of the contract, an eviction procedure should be initiated against it. 4) In Biswabani Pvt. Ltd. vs. Santosh Kumar Dutta: (1980) 1 SCR 650 a bank of two judges of this court, that although a second rental file executed between the parties (after the expiry of the period mentioned in the first rental certificate is void, because, in the absence of registration, the tenant would continue to be protected by the corresponding rent control law , because after the expiry of the period of the first lease had acquired the right of a legal tenant tenant acquired essentially the right of a legal tenant the term “influence” in that sentence the same as in (i) above, and therefore, an unregant rental file cannot be accepted as evidence before a court of the transaction that allegedly affects it with respect to , in our case, the lease.

There are certain exceptions in which rent can be accepted as evidence in court (analyzed in detail below). If the court insists on paying stamp duty on the unreged document, you can respect it. With regard to the interpretation of the legislation and the opinion of the Supreme Court, it is therefore clear that a lease agreement for a period of more than one year can only be done through a registered instrument. However, a presumption of the existence of a rental agreement can be taken by the deeds of the party (delivery of the property, payment of rent, etc.). Such a relationship is subject to the legal provisions of the TOPA. The duration of such a lease is monthly and can be terminated by both parties with a period of 15 (15) days. There are currently archaic laws in the Indian rental property market, which first came into force after the First World War in 1908.

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