• Lease of land

Sir, we have given a portion(648 sq ft) of our residential land on lease for the duration of three years. This lease had been processed after mutual consent of both parties. The agreement of lease had been documented through a stamp paper of Rs 50 with signature of both the parties and two witnesses on the stamp paper.  The following were the main contents of the agreement:
a) The time period of this spectual lease will be 03 years. After that as afar as content is concerned both the parties will consult and can renew the said lease or not.
b) The monthly rent of every month will be Rs 3000/- .
c) After every three years the rent has to be increased by the situation of the market.
The lease period completed on Sep 13 and the party is neither increasing the rent  nor vacant the land nor renew the lease period.
Asked 3 years ago in Property Law from Kolkata, West Bengal
1) has the agreement been registered? it is necessary that lease agreement bee regsitered to be admissible in evidence . 

2) issue legal notice to lessee to vacate the premises . 

3) if he fails to do so file suit for eviction
Ajay Sethi
Advocate, Mumbai
44489 Answers
2587 Consultations

5.0 on 5.0

Hi, lease for more than 11  months has to be registered before the sub-register and in you case is not done if you file a case in the court you are ready to pay 10 times duty and penalty on that agreement, first you have to issue a legal notice for vacating the premises if he does not vacate then file a suit for eviction.
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

1. Did you register the lease agreement with the lessee? An unregistered agreement cannot be read in evidence.

2. As per the clause incorporated in the lease, renewal was to take place after a mutual agreement.

3. Issue a lawyer's notice to the lessee to vacate, and if he does not do so, file a suit for his eviction in the court.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

The lease was term lease and determined by efflux of the time limited thereby.So,you have got right to evict him from the premises in accordance with law.Proceed against him to that end.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

1. If the said Lease Agreement has not been registered then it is not legally enforceable,

2. Your only option now is to file an eviction suit against your said leasee.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

A. Any lease agreement more than 11 months must be registered in the eyes of law and If you want to vacate or evict the tenant you need to register the lease agreement else the lease agreement will be impounded by the Court.

B.Issue a legal notice to the tenant by mentioning the increase of rent and insist to pay the same. In case the tenant fails to do so, you can approach the court by filing suit for eviction, but the agreement should have a sufficient stamp duty and registration.
B.T. Ravi
Advocate, Bangalore
831 Answers
55 Consultations

5.0 on 5.0

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