1) unregsitered lease deed is inadmissible in evidence
2) registration of lease deed is mandatory requirement
3) SC in case A NTHONY Versus KC ITTOOP AND SONS & ORS.
held that The lease-deed relied on by the plaintiff was intended to be
..... operative for a period of five years. It is an unregistered instrument. Hence such an instrument cannot create a lease on account of three pronged statutory inhibitions. The first interdict is contained in the first paragraph of Section 107 of the Transfer of Property Act, 1882 (for short the TP Act ) which reads thus: A lease of immovable property from year to year, or for any term exceeding one year, or reserving an yearly rent, can be made only by a registered instrument. (Emphasis supplied) (emphasis supplied) The second inhibition can be discerned from Section 17(1) of the Registration Act 1908 and it reads thus: (only the material portion) Documents of which registration is compulsory. -(1) 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 Regis tration 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. The third interdict is contained in Section 49 of the Registration Act which speaks about the fatal consequence of non-compliance of Section 17 thereof. Section 49 reads thus: 49. Effect of non-registration of documents required to be registered.- No document required by Section 17 [or by any provision of the TP Act, 1882,] to be registered shall (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered. [Provided that an unregistered document affecting immovable property and required by this Act, or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance
4) registration of lease deed has to be done within period of 4 months . with penalty you can register lease deed for another 4 months