• Leased agreement registration after mutation in MP

Dear Learned Members,
 My Grandfather purchased a land measuring 22500 sqft in 1938 from Municipal Corporation directly on lease. That time Lease Deed was issued on my Grandfater's name for 99 years which was stamped according to the regulations and laws at that time. Meanwhile Municipal corporation said lease tenure is reduced and new lease deed was formed in 1968 for 50 years till 2018. My Gramdfather expired in 1981 and according to registered will in 2006 my fathers name was mutated in Municipal Corporation records through all legal formalities. Lease deed was made signed between my father and authorized signatory of Municipal Corporation, December 2006, when asked to the municipal corporation employee about registration of lease deed in the name of my father they said " it is not necessary, just pay lease rent on time, in 2018 lease has to be renewed at that time you get it registered". 
Meanwhile after the death of my father, In March 2011 lease for 1550 sq ft land was mutated in my name according to the registered will following all the procedures required for mutation by Municipal Corporation Jabalpur, my name was also mutated on khasra. New lease deed was made by Municipal Corporation, that is also not got registered under registration act because the employee said me " it is not necessary, just pay lease rent on time, in 2018 lease has to be renewed at that time you get it registered".
Now I applied for the leasefree on for my 1550 sqft land. Same municipal employee said me that I have to give a copy of registered lease deed.
When I read the rules in that it is written that lease should be valid. 
In the application form it is written to attach the copy of lease deed nowhere it is written that registered lease deed is required to be attached. 
My name is on records of Municipal Corporation Jabalpur MP, and on the khasra in collectorate record. I have been paying lease rent duly and getting repiepts of that in my name for this land.
My question is Do I have to really get Lease agreement registered for getting my land free hold ?
If this is so then I would have done it in 2011, but Municipal employee only stopped me. What should I do in this case, my name is already on the records and lease rent receipts which proves that lease is valid.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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4 Answers

Hi

1. registration of the lease deed is not mandatory to get your claim of free hold land .

2.In case of colonies, where lease deed is not signed or not executed on account of administrative delays the conversion will be allowed. In such cases even in case lease deed was executed but was not got registered by the lessees for whatsoever reasons, the conversion will be allowed.you have to prove that the delay or fault was not from your side.submit all the lease deeds which are not registered

3. the municipal records, mutation entries , rent receipts and other tax receipts or bills are also proof.

Now you cannot register the previous lease deeds, so the authorities has to take step to regularize and allot the land as freehold by following the necessary procedure as it was their fault.

4. if there is an objection you should approach the collector first , then approach the civil court for an order if collector is not permitting

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

1) lease deed has to be duly stamped and registered

2) make application to municipal corporation for registration of lease deed in your favour

3) although you have paid lease rent on time registration of lease deed should be done

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Stamp duty would be at current rates and not that of 2011

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You produce the registered lease deed which was originally registered on your grandfather's name and the mutation records now on your name including the tax receipts standing in your name.

If the authorities still insist on the registered lease deed in your name, you can file an injunction suit against the authorities on this and also seek releif of declaration of title on the basis of the records in your possession.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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