• Unregistered lease agreement

Sir, I'm from Bangalore . My property is given for rental lease in 2012 and it is clearly mentioned the agreement should be registered and the cost should be born by the Lessee .
At that time my Lessee postponed the registration saying his company authority should come from Bombay to register and they will infom date of registration well in advance.
We asked them twice they said ,they will do it as some changes happening in the company . In due course of time we also forgot . Now we understood that they didn't want to register the agreement to save registration fee which was 10.25% at that time .
Now if I go to court that they have breached the agreement condition also avoided the government revenue and appeal for eviction order.
Since it was their sole responsibility to register , the penalty should be born by them or by us for appealing.
Asked 9 days ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are online now to answer your questions.

19 Answers

Dear Sir,

From your input here, it is clear that the lessee is at default and you are suggested to file the complaint against him to police and also serve a legal notice for doing the needful and if not done by him, file the case in the civil court as well. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

As per the registration act,  if the lease agreement is not registered than owner is in fault and guilty. So politely you should mention them to register the lease agreement other wise vacate the premises as early as possible as there is no lease agreement.


Section 17 in The Registration Act, 1908

17. Documents of which registration is compulsory.—(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:—

 

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;


Nothing confused answer.  Its clearly mentioned that Law and section of Registration. 

 

What law says.... that I have shown you mirror and not registering lease deed .... no doubt how innocent owner is ........at last owner is booked for culprit for not registering lease deed.

 

There are only two options remaining in front of make new lease deed and registered it for current period on wards for example 11 months take toady date as a start date.

 

or ask them to vacate the premises without ant legal issue.

 

If you go for legally to fight with them than you have to face the consequences.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

If you go to court and the lessee admits the relationship of lessor-lessee then the absence of registration will not go against you.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

You never bothered to get the lease agreement registered for the past eight years. 

Now what is the necessity for this.

Are they defaulted in monthly rental payment. 

As a matter of legal fact it is an adverse impact to the tenant for not getting the lease agreement registered and not against the landlord. 

You can first issue a legal notice to the tenant to vacate for the reasons you strongly rely upon. 

After that you can approach rent controller court for relief. 

If you approach court then you only have to bear the litigation expenses. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Terminate agreement by giving notice 

 

2) an unregistered lease deed will not create a valid lease. However, if there has been a delivery of possession, payment and acceptance of rent, the same will deem to be a lease between the parties on a month to month basis which can be terminated by giving 15 (fifteen) days’ notice.

 

3)File suit for eviction if lessee fails to vacate the premises 

 

4) the Supreme Court held that a lease for a period exceeding one year can only be created by a registered instrument. In the absence of a registered instrument, the lease shall be a month to month lease.

Ajay Sethi
Advocate, Mumbai
75799 Answers
4532 Consultations

5.0 on 5.0

Serve them with a legal notice to complete the terms of the agreement 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Sir, I have gone through the contents mentioned above.  In this regard, it is to inform that in case you want to evict them send a legal notice through local advocate for termination of the property.   The tenancy shall stand terminated on the date of receipt of the notice to them and thereafter, the tenancy would be on day to day basis and they have to pay damages for illegal use and occupation.  Thereafter file a suit for possession and damages for illegal use and occupation. There is three ingredient for suit for possession -

1. The rent lease should be in writing and if it is more than for 11 months, it should be registered (It is in your favour).

2. The rent should be more than Rs.3500/- (I think it is also in your favour)

3. The tenancy would have been terminated by notice (For which you have to concentrate and proceed further)

 

Now, act accordingly in right direction.  Good luck.

Dalip Singh
Advocate, New Delhi
618 Answers
12 Consultations

5.0 on 5.0

You can send legal notice of eviction for failure to register lease deed. If company agree good otherwise process for eviction.

Penalty shall be borne by lessee.

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

1. It's not clear whether the the term of the lease has come to an end or not.

2. If its going to expire soon then do not renew it unless the agreement is registered. 

3. If it refuses to do that then send eviction notice and then file eviction suit. 

4. Before that going to court is not advisable. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

Section 107 of the Act says, “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. lease deeds executed between the parties being for more than one year were required to be compulsorily registered and has not been got registered, it does not confer any right on the lessee to continue to be a tenant for the term stipulated in these deeds.

In such stage, a termination notices to be issued. After the notice period of 15 days you can take steps for eviction. The lease between the parties is a monthly lease and the term stipulated in the lease deed fixing the period of lease will not be of any help to the tenant, as the same is inadmissible on account of non-registration of the lease deed.

Ajay N S
Advocate, Ernakulam
3454 Answers
68 Consultations

5.0 on 5.0

1. See based on unregistered agreement also you may file suit of eviction , in case any proceedings for the failure of registration are initiated you will be made party to same and you may contest that. 

In civil suit for eviction question of registration charge will not arise.

Shubham Jhajharia
Advocate, Ahmedabad
24895 Answers
98 Consultations

5.0 on 5.0

Yes you can file eviction suit and make them bear the penalty too

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

- Since, the lease agreement was not registered , then the tenancy will be treated as month to month basis, because registration of lease deed is mandatory , if the property is given on rent for more than 12 months. 

- Further , if you have not given any written notice to the said tenant for performing the registration , then the question of breaching of agreement does not arise , and only an oral agreement is not enough. 

- If, you want to allow the said tenant in the premises , then send him a legal notice for entering into a lease agreement afresh from the current date . 

- Further , if no response, then you can file a suit for eviction against him . 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. Both parties (Land Lord and Tenant) are responsible & guilty of prosecutable offences for evading Stamp Duty and Registration Fees.  There is no exemption to this.

2. Either of the parties cannot push the blame on others since it is legal liability of both the parties, irrespective of any clause in the L&L agreement.

3. IF there are issues THEN settle amicably and close the matter.

4. Forget the old agreement and Register the new L&L agreement and be peaceful, since legal disputes will create lots of problems.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

In order to use the Lease Agreement, you need to get it impounded by paying the duty and fine.

You can claim it against the Company.

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

A. Any lease agreement's terms exceeds more than 11 months it compulsorily registrable transaction in the eyes of law.

B. You can't evict the tenant through filing a eviction suit as the agreement has not registered and the same will be impounded from the Court if you submitted the same for enforcement. 

C. You may issue a notice to the tenant for eviction and settle the matter amicably or contact rent controller with respect the same.

B.T. Ravi
Advocate, Bangalore
916 Answers
89 Consultations

5.0 on 5.0

you can terminate the said agreement  by issuing lawyer notice and also you can file eviction suit. 

As per the Registration Act, 1908, Section 17 Sub-section(1) clause, registration of an immovable property that is on lease for one year or more than a year is compulsory,” Whereas, registration for tenancy period of 11 months is not required, that’s why owner prefers to prepare tenancy agreement for 11 months, Hence, for tenancy period of 11 months notarization will definitely serve the purpose for legal validation of an agreement .

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. You can approach court against lessee for breach of contract but it would be better you send them a legal notice first for Registration of agreement or eviction before filing the suit against them. 

2. Direct Filing of suit will not be maintenable without sending legal notice for eviction to them. 

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

The agreement can be registered or it may not be done. You cannot drag him to court for not registering. It was your fault as you let him enter your property without a registered agreement.

Anyways you may give him an eviction notice and ask him to leave as he hasn't complied with your express instructions.

Also send a legal notice to his company. Find out the truth whether he is telling lies.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer