• Tenant's right in case of agreements for 3 and more where a deed is not registered

We are tenants with possession of the property and have the original papers to the property and a deed for 3 years, continuous upto 5 years and thereafter the property becomes ours in case the landlord fails to return the upfront amount paid. Our deed is not registered. What course of action can we take in case the landlord tries to evict us without paying back our upfront amount.  The deed is signed by both parties on a stamp paper 3 years ago. Now the landlord is demanding the possession without repaying the upfront amount. Please advise.
Asked 2 years ago in Property Law
Religion: Christian

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18 Answers

The deed is valid for three years only.

After that it will be barred by limitation.

You can take any action on it beyond three years.

Hence you may better give a reply and then file an injunction application in the suit for specific performance of contract.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1) refuse to vacate the premises until your security deposit is refunded

2) if landlord files any eviction suit contest the case on merits

3)rely upon tenancy agreement executed by landlord

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

registration can be done only within maximum period of 8 months from date of execution of tenancy agreement

2) you cannot register agreement now

3) reply to landlord that you are willing to vacate premises provided your security deposit is refunded

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

1. Ignore the demand of the landlord and continue the possession as before.

2. Let the landlord first blink and take the legal route. Depending on his legal action you should decide on line of action.

3. In any event you can take defence of the agreement which is already executed. Non registration of the same does not wipe out its evidentiary value and if permitted you on payment of penal stamp duty exhibit this agreement in trial.

4. So wait till the landlord takes the action .

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

1) If you had made lease agreement or leave and license agreement than the ownership rights remains with the landlord and you have to evict the flat or property according the onwers wish, If tomorrow he goes in court and ask possession of property for self acquisition. Than you have to evict the property.

2) Now check your all clauses which are mentioned in the agreement at the time taking property as rental. If you had that terms and conditions if deposit or upfront amount not return by owner what needs to do.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Hi,

You are suggested to file court case for stopping his action and transfer of property on your name.

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

There must be an exit clause in the deed and on the basis of that the land Lord is asking possession of the property.

The unregistered deed is difficult to enforce in the court.

Please see the deed and accordingly moov as the land lard have right to get possession if things are not in your favour. there are certain flows in the agreement that must be taken care, by keeping the original documents you can not get the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6786 Answers
23 Consultations

4.9 on 5.0

You can send him legal notice and inform your inability to tender possession till the money is not paid to you

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

If the owner is not cooperating for registration then you don't have any option than to approach court with a suit for specific performance of contract.

No doubt unregistered deed may not be admissible in law, but the court may allow you alternate prayer to refund the amount received with interest.

So you can consult your advocate and proceed accordingly.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Hi

1) Any unregistered lease agreement is construed as "Month on Month" Lease agreement as Section 107 of the Transfer of Property Act, 1882 provides that a lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a registered instrument.

2) Since your lease agreement is not registered, you can take umbrage under section 49 of Registration act.

3) By virtue of Section 49 of Registration act , you are at liberty to rely on the unregistered lease deed to prove your character of possession which is the Collateral purpose to the terms of the lease deed

4) Section 49 of Registration act does not bar reception of an unregistered document in evidence by Courts for proving possession of property by you and also the claim of you asking for repayment of Upfront amount along with interest.

5) Your claim for refund of upfront money paid by you and also claims for Interest, Damages, costs etc will 100% succeed by virtue of the

A) Unregistered lease agreement highlighting the fact of of you being in actual possession and

B) Acceptance of rent by the landlord.

You should file a suit for injunction against your land lord restraining him from interference in possession of your property till such time the Upfront money is refunded back by him coupled with interests, damages and costs.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2051 Answers
374 Consultations

5.0 on 5.0

First of all the limitation for registration is 4 months from date of making documents under Registration Act. So now you cannot register

.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Replying your first question file a suit for specific performance of agreement though it is unregistered a specific performance suit can be there are both parties has agreed upon it along with the application file an application for injunction that till disposal of shit no eviction lies.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

If the land lord files a case then you will have to defend the case and appear before the court

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

And apart from giving a reply you will have to file a separate suit of injunction in order to recover your money. Also you can file an FIR against the person for cheating and fraud.

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

Dear Client,

Unregistered deed is inadmissible in evidence, but after impounding of deed by paying stamp and penalty, it can be sued for collateral purpose.

So, on the basis of it, u can seek, return of refund failure to which can not be dispossess from property legally.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. The said agreemnent signed by and between both of you should have been registered to ensure tht its authenticity is affirmed. Was it atleast notarised? If not arrange to get the same notarised with the back date if possible by you.

2. However, if the land lord has genuinely signed the agreement before you, then contest the eviction suit if filed by you fittingly asking him to return the said amount first for your leaving his tenanted premises.

3. You can file a declaratory suit praying for a declaration that you have paid the said amount before entering in to his premises as tenant which he shall have to return first bwefore seeking your eviction and thereafter file an application under Order 39 Rule 1 & 2 praying for a stay order restraining the said land lord in entering in to your said premises.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

1. There is a difference between a deed and an agreement.

2. Without registration a deed has no value where as an agreemnet is not invalid without registration.

3. However, you can prove his taking the said amount from you as has been agreed by him in the said unregistered deed signed by him.

4. His eviction suit wilol take 10 to 15 years to be disposed of and he hardly has any chance to evict you without refunding the amount he had taken from you as advance.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

1. Which area, state of india location of property is ? 2. What is deed as u mentioned ?

Untill facts are clear cannt give any advice.....

Vijay Kumar
Advocate, Mumbai
26 Answers

4.0 on 5.0

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