There are no legal issues in signing a lease for 10 years. The lease agreement requires compulsory registration according to law. Please get the agreement suitably drafted by a competent advocate, execute and register it duly.

A suitable clause for pre-determination (earlier termination) of the lease, requiring, say, a three-month notice period, peaceable vacation of the premises and handing over, landlord's right to recover damages for any structural damage (from out of the rental deposit) will protect your interests adequately.

It’s better you execute a leave and licence agreement with notice period clause. You can keep a lockin for 5 to 7 years as per the terms and later rift 1 months notice can make them vacate 

In Ghaziabad, using upper residential floors for full commercial purposes may require a No Objection Certificate (NOC) from the Ghaziabad Development Authority (GDA) and the housing society. Non-compliance could result in hefty penalties or municipal sealing

2)10-year lease usually includes a mandatory mutual Lock-in Period 

If you want the tenant to vacate before this period ends, you could face heavy financial penalties, or you may need to buy out the remainder of their investment.

3) If the tenant vacates early or sublets the space without your permission, you are left with unauthorized structural alterations and potential disputes over the heavy fitments

4) Require the tenant to submit all architectural and plumbing blueprints for your written approval before starting work. Explicitly state that any permanent, structural changes become your property upon lease termination.

Signing a decade-long lease introduces serious vulnerabilities, especially in Uttar Pradesh (Ghaziabad).

In India, any lease exceeding 11 months must be registered. If you sign a long-term lease and the tenant stays for 10 years, evicting them can become a multi-year nightmare if they refuse to leave. The longer a tenant occupies a space, the harder it is to reclaim it through Indian courts.

You cannot easily sell the property. A buyer looking for a vacant property to self-use or redevelop will walk away if there is a tenant legally locked in for another 6 years.

Under Section 30 of the Income Tax Act, if the tenant treats the ₹15-20 lakhs as capital expenditure, it’s fine. But make sure the contract explicitly states that you are not paying for this, nor will it be deducted from rent, otherwise you could face complex tax auditing or depreciation disputes.

If you sign a 10-year fixed lease, you cannot just wake up in Year 4 and say, "I want my floors back." The law protects the tenant’s right to stay because they invested ₹20 lakhs based on the promise of a 10-year tenure to recover that value.

You can negotiate a 3-year lock-in period for the tenant, but keep a 6-month notice period for yourself after the lock-in expires. However, no tenant spending ₹20 lakhs will agree to this unless you agree to reimburse them a prorated amount of their interior costs if you kick them out early.

If you decide to proceed, do not use a standard stationery-shop rent agreement. Hire a local Ghaziabad property lawyer to draft a Lease Deed with these non-negotiable terms:

The tenant can do cosmetics (paint, tiling, plumbing fixtures). They cannot break pillars, demolish load-bearing walls, or alter the structural layout of your 4-storey building without your explicit, written blueprint approval.

The contract must state: "Upon termination or expiry of the lease, all permanent fixtures (flooring, plumbing, electrical wiring) will become the sole property of the landlord without any compensation to the tenant." They can take their ACs and loose furniture, but they can't rip out the bathroom tiles when they leave.

Since Ghaziabad authorities are strict about mixed-use properties, explicitly mention who pays the commercial house tax/property tax and commercial electricity rates for those floors. Usually, the tenant pays all utility and operational taxes incurred due to their usage.

In Ghaziabad, converting a portion of a mixed-use building from residential to commercial is heavily regulated by the Ghaziabad Development Authority (GDA) and the Ghaziabad Nagar Nigam (Municipal Corporation).

Because you already have an active shop on the ground floor and commercial use on the first floor, your building is likely located in a mixed-use or "notified commercial/bazar street" zone. This makes the process easier, but you cannot simply hand over the keys to the tenant for commercial use without legal regularisation.

File an online application for conversion from residential to commercial mixed-use for the second floor. You will need to upload your original GDA-approved building blueprint, property chain documents, and allotment/registry papers.

Running commercial activities on a residential floor without changing the electricity meter category is considered power theft in Uttar Pradesh, attracting heavy fines and immediate disconnection. Ensure the tenant does not commercialize the floor until the electricity meter category is updated.

Make application to GDA for NOC to convert residential second floor into commercial 

For conversion, you need to apply to your city's local town planning authority by complying with their procedural formalities.

Dear Client, Entering into a 10 year commercial lease is a significant commitment that requires careful legal structuring to protect your long term interest the primary legal risk is that once the agreement is signed you are legally bound to provide the property for the entire duration regardless of how market rental rates in Ghaziabad might evolve or if your own circumstances change. Additionally, since the property is of mixed use you must ensure that your lease agreement explicitly prohibits the tenant from using the premises for activities that violate local municipal laws.

Further if you want to vacate your tenant before the 10 year term expires, you cannot do so arbitrarily without making a breach of contract suit. For this your agreement must include a conditional termination clause, this clause should specify the grounds for early eviction such as the tenant’s failure to pay rent, unauthorized structural alterations or violation of building by laws. You can also include a mutual clause that allow both parties to terminate the lease with a mandatory notice such as six months. Without these specific provisions you would likely to be legally obligated to honour the full 10 year lease period.

To make the contract more favourable for you certain protective measures should also be included. Firstly, ensure that the lease defines the permitted use of the property to prevent the tenant from changing the business nature of the property without your written consent. Secondly, make sure that a security deposit should be made equivalent to at least 6 to 10 months of rent which is standard for long term commercial leases and finally, clearly define that a permanent fixture or modification if made will become your property upon the expiration of the term of lease.

Moreover, regarding the 7% annual rent upgradation ensure that this is tied to the compounded value of the rent not just the base rent to keep up with inflation over a decade. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou

By change of user application 

- Yes, you can give the said property for 10 years lease , however the lease deed should be registered from the office of the Sub-Registrar of Ghaziabad. 

- Further, if there is a clause that the tenant spends 15-20 lacks on renovations, then you cannot evict him before the locked period of 10 years , otherwise he can claim that amount from you . 

- Further, if you are giving the said properties for commercial purpose , then the property should be converted into commercial property.

- You an apply to the Ghaziabad Development Authority and even Municipal corporation for converting the residential property into the commercial.

The Will doesn't need compulsory registration. Your mother, as the sole legatee, can very well execute the rental agreement.

Mutation of property has to be done in mother name as per father will 

only then can you give property on rent 

registratuon of will can be dine even after demise of testator 

4) The executor or beneficiary must submit a formal application along with the original Will document.  The Sub-Registrar conducts a detailed inquiry under Section 41(2) of the Registration Act. They must be fully satisfied that the Will was genuinely executed by the deceased of their own free will

5) : The executor generally publishes a notice in local daily newspapers (one English and one vernacular) to invite objections from the general public or other legal heirs regarding the genuineness of the document.

6) : Both original attesting witnesses must appear in person before the Sub-Registrar to verify their signatures and attest to the testator's sound mind at the time of signing

As per your father's Will the house property devolves on your mother absolutely irrespective of the fact that the Will is an unregistered instrument.

Even the unregistered Will is equally and legally valid at par with the registered Will.

Your mother should apply for transfer of revenue records of the property from your father's name to her name by attaching the copies of death certificate, legal heirship certificate, NOC from other legal heirs of your deceased father along with a copy of the Will.

No doubt she can let out the house property on rent even now as an absolute owner on the basis of the bequest of the Will.

it does not make it more difficult to vacate the lessee 

if lessee breaches terms and conditions of lease you are at liberty to ask lessee to vacate the premises . if he fails to vacate file suit for eviction 

- Yes, if the tenant stopped to make rent payment , then it will considered as the breach of the lease agreement , then being landlord you have right to evict the tenant even before the leasing period. 

Dear Sir/Madam,

For breach cases, a 10-year lease is not legally harder to evict than a 5-year lease, if the lease clearly allows termination for non-payment, illegal subletting, misuse, etc.

However, a 10-year lease binds you for a longer period, so you cannot ask them to vacate early without breach or a proper termination clause.

Do not execute the lease only in your mother’s name until title/mutation is clear. Safer option is to have mother and both children sign/confirm, or first regularise the ownership.

The lease must be properly stamped and registered. Add strict clauses on no subletting, no structural change, arrears/default, lock-in, security deposit, tenant’s renovation at own cost, and no claim for compensation on exit.

For commercial use of second floor, first check zoning/building bye-laws and obtain proper permission from Ghaziabad authority/municipal body.

Advocate Saurabh Agrawal

To answer your specific follow-up question, a 10-year lease does not make eviction materially more difficult than a 5-year lease if the tenant commits a clear breach of the lease terms, provided the lease is properly drafted.

If the tenant defaults in rent payment, unlawfully sublets the premises, changes the nature of use, causes substantial damage, violates municipal laws, carries out unauthorized construction, or breaches any material covenant of the lease, the landlord's right to terminate the lease and seek eviction arises from the breach itself, not from the duration of the lease. Therefore, whether the lease is for 5 years or 10 years, a properly drafted termination clause should permit you to determine the tenancy upon specified defaults and recover possession through legal proceedings if the tenant does not vacate voluntarily.

The real difference between a 5-year lease and a 10-year lease arises when the tenant is complying with all lease conditions. In that situation, a 10-year lease gives the tenant a much stronger contractual right to remain in possession for the entire agreed term. If you later decide that you want the premises back for personal reasons, redevelopment, sale, family use, or higher rent, you may not be able to terminate the lease prematurely unless the agreement expressly provides such a right. In that sense, a 10-year lease is significantly more restrictive from the landlord's perspective than a shorter-term arrangement.

Since the tenant proposes to invest ₹15–20 lakhs in renovations, it is understandable that they seek long-term security. However, if you proceed, I would strongly recommend that the lease contain detailed provisions regarding:

• Immediate termination for rent default beyond a specified period.
• Immediate termination for unauthorized subletting or assignment.
• Immediate termination for misuse of the premises or illegal activities.
• A clear lock-in structure, if any.
• Inspection rights for the landlord.
• Ownership of all improvements and fixtures upon termination.
• No tenancy rights beyond the contractual lease period.
• Restoration obligations at the time of vacating.
• Escalation clause and security deposit.
• Dispute resolution and jurisdiction clauses.

A separate concern in your case is title. You have stated that the property still stands in the name of your deceased father and mutation in favour of your mother has not yet been completed, although there is an unregistered Will bequeathing the property to her. While this may not necessarily prevent the grant of a tenancy, it is preferable to first regularize the title position or, at a minimum, ensure that all legal heirs acknowledge your mother's authority to let out the premises. This reduces the risk of future disputes with the tenant regarding ownership.

Regarding conversion of the second floor from residential to commercial use, that issue depends upon the applicable building bye-laws, zoning regulations, land-use permissions, and municipal rules applicable in Ghaziabad. Merely using a residential floor for commercial purposes without necessary approvals can expose both landlord and tenant to municipal action. Therefore, this should be verified with the local development authority and municipal authorities before permitting commercial use.

My practical recommendation would be that if you are considering a long-term arrangement, you may explore either:

• A 5-year registered lease with renewal options; or
• A 10-year registered lease with strong landlord-protective termination clauses.

If properly drafted, a 10-year lease will not prevent eviction for genuine breaches such as non-payment of rent or illegal subletting. The greater risk is that if the tenant performs all obligations faithfully, you may be contractually bound to honour the entire 10-year term. That is the aspect which requires careful consideration before signing.

The term of the lease is immaterial. The eviction clause will protect your interests adequately.

In Ghaziabad, Uttar Pradesh, a 10-year lease does make evicting a tenant significantly more complicated and risky for a landlord than a 5-year lease.
While the fundamental legal process for eviction remains the same under the Uttar Pradesh Regulation of Urban Premises Tenancy Act, the length of the lease introduces substantial practical and legal hurdles.
During the active term of any lease, you cannot evict a tenant simply because you changed your mind or want the property back. You must have a contractually or legally recognized "cause" (such as non-payment of rent, structural damage, or illegal misuse of the property).

In Indian civil law, a 10-year lease creates a substantial immovable property interest (often viewed as a long-term commercial or residential stake) compared to a shorter 5-year tenancy.
When a case hits the Rent Tribunal, a tenant under a 10-year lease has a massive financial and structural incentive to fight tooth and nail. Their legal counsel will heavily leverage the length of the lease, arguing that a major long-term investment or livelihood relies on the property.
When you sue for eviction based on a breach, the tenant will counter-sue, claiming you breached a different long-term obligation (e.g., structural repairs or failure to adjust rent as agreed).
When a tenant breaches a 5-year lease, the court sees a temporary occupant who broke a standard contract. When a tenant breaches a 10-year lease, the court is dealing with a deeply entrenched occupant defending a decade-long estate. The legal grounds for eviction are identical, but the practical friction, time required, and legal hurdles to actually get them out are vastly higher with the 10-year timeline.

1. Does the ownership situation create any problem for the tenancy? 

The ownership situation does not ordinarily invalidate or adversely affect the tenancy. If your late father’s self-acquired property was bequeathed to your mother through a valid will, she can generally act as the landlord and execute lease agreements, even if mutation or transfer of records is still pending. An unregistered will is not automatically invalid under Indian law; its genuineness can be proved when required. However, until title records are updated, tenants may seek clarification regarding ownership. To avoid future disputes, it is advisable to complete mutation proceedings and maintain documentary proof of succession and possession.

2. Does a 10-year lease make eviction more difficult than a 5-year lease if the tenant breaches the lease?  

No. If the tenant commits a material breach of the lease—such as non-payment of rent, unauthorized subletting, misuse of premises, or violation of other contractual terms—the landlord’s right to seek eviction generally arises from the breach itself, not from whether the lease is for 5 years or 10 years. In Ghaziabad, the legal process and time involved in eviction may depend on the applicable law, lease terms, and facts of the case, but a longer lease term does not usually give a defaulting tenant greater protection against eviction for proven breaches of the agreement.

It’s not the period. If your documenrs are proper and registered then no issue. It’s always better to execute leave and license agreement 

Dear Client, The current ownership status poses a significant risk to the proposed 10 year lease because your mother’s title to the property is not yet formally mutated in government records while your father’s will grants her ownership and unregistered will in India does not automatically transfer title it usually requires a probate or a letter of administration from a civil court to be legally recognized against third parties because the property is still technically in your late father’s name the tenant may later challenge your mother’s authority to lease the property or the lease agreement itself could be deemed invalid if contested by another legal heir. You must obtain a legal heir certificate or probate to ensure the lease is legally proof before signing a long term contract.

Regarding the eviction process 10 year lease is generally more complex to manage than a 5 year lease if the tenant turns to litigation but it does not technically change the legal grounds for eviction under the Uttar Pradesh Regulation of Urban Premises Tenancy Act. If the tenant breaches the contract through non payment or illegal subleasing you retain the right to terminate the agreement and seek eviction however with the long term lease the tenant will argue that they have invested significant capital and may leverage that investment to drag out legal proceedings in court. To protect yourself your lease must include a termination and eviction clause that explicitly lists non payment an unauthorized subleasing as material breaches that allow for immediate eviction.

Further you should execute a registered lease deed that is signed by all legal hires that is your mother yourself and your brother as confirming parties to the lease. This prevents any future claims that the mother lacked the sole authority to rent the space and ensures all family members are bound by the agreement. Moreover, clearly document out agreement specifying that any modifications made by the tenant become a permanent part of the property and that the tenant cannot claim a lien or right to stay based on those improvements if the lease is terminated due to a breach. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou