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Author Topic: Validity of unregistered lease deed  (Read 2923 times)

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Offline query101

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Validity of unregistered lease deed
« on: November 22, 2015, 06:56:38 PM »
We have rented out our hospital building to another doctor
for a 4 Year lease.This agreement signed by both lessor and lessee
with four witnesses is not registered.
My questions.
1.If We wish to evict the tenant and have to take legal recourse
    will an unregistered lease deed have any weight-age?
2.Do We have to compulsorily register the deed ?
3.In case the Tenant is unwilling to leave the premises at
   the end of the agreement or if We issue a pre-mature
   termination date , will an unregistered agreement
   be deemed invalid by the Court ?Does the Landlord
   have a very good chance of evicting the Tenant ?

As of now Landlord and Tenant are all doing well but
one never knows.
« Last Edit: November 22, 2015, 06:58:26 PM by query101 »

Offline query101

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Re: Validity of unregistered lease deed
« Reply #1 on: November 22, 2015, 10:57:23 PM »
Our lease agreement is 4 Years.I have read only the following
Any rental agreement unregistered is valid only for 3 years,  and it is a   valid document to initiate any legal action against the tenant,and registration  is optional. "

so since my lease agreement is 4 Years, once 3 years is over will be not
possible for me to initiate legal proceedings against the tenant ?

Offline adv.amarnath

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Re: Validity of unregistered lease deed
« Reply #2 on: November 25, 2015, 01:59:11 AM »
The laws of eviction of Lessee or tenant varied from State to State as West Bengal state has separate Act for eviction of tenant. You have not mentioned from which state you are from. Anyway, considering that you are not from bengal, then even your lease deed is not registered then also you can take an action for eviction of lessee from the leased portion. Lease is a compulsory register document which you have not registered even it had been executed properly.

So, in your situation, if you are no more willing to continue the lease and want to evict the lessee then you have to follow some procedure to evict the tenant/ lessee from the leased portion. There is no reason to be fainted for not having registered the lease deed.

For further clarification and consultation in details, you can contact me.

Amarnath Sanyal
Email -
Mob - 09830303322

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