1. Lease property CANNOT be Sold /Purchased. It will be a prosecutable offence.

2. Lease property can be transferred via a Lease Deed, for the remaining period of lease, subject to the original clauses for sub-leasing parameters. Original Lease Deed plus NOC plus lease transfer premium, of the Authority will be required.

Keep Smiling .... Hemant Agarwal

Smt. Gangabai Gopaldas Mohta vs State Of Maharashtra on 8 December, 2008

Bench: B. P. Dharmadhikari

An unregistered Lease Deed is null & void, for all legal purposes and shall have no force of law.

Section 108 of Transfer of Property Act 1882 Rights and liabilities of lessor and lessee.- (B) Rights and Liabilities of the Lessee J) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease; Nothing in this clause shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee

2) registration of sub lease would be required

3) section 17 of Registration Act provises leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; months requires compulsory Registration.

4) unable to find any judgments sought by you

Registration of sub lease would be required if for more than one year

any document by which rights in immovable property are transferred to another person is compulsorily required to be registered u/s 17 of the Registration Act

it does not matter that the property is a APMC lease property

why do you need judgments for such a plain thing?

it is a settled law that all such documents are compulsorily registrable

Lease above 11 months, compulsory registration.

Sub letting can be proved by proving parting with possession.

1. Any lease deed has to be mandatorily registered in Mumbai/Maharashtra, an unregistered lease deed or rental agreement is invalid in law.

2. Section 108 of Transfer of Property Act 1882 Rights and liabilities of lessor and lessee.- (B) Rights and Liabilities of the Lessee J) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease;

3. section 17 of Registration Act provides leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; months requires compulsory Registration.

The lessee has transferred his sub lease in favour of third person.

Whether document in respect of transfer of lease is compulsorily required to be registered or not?

Sublease document is also required to be registered.

Section 108 of Transfer of Property Act 1882 Rights and liabilities of lessor and lessee.-

Nothing in this clause shall be deemed to authorise a tenant having an un-transferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee