I gave my house and adjacent land for manufacturing of shoes. That house was given on lease. The lease deed was unregistered, but both parties signed it. The lease was accepted on payment of twenty thousand rupees per month as rent.
The lessee enjoyed it for four years. That lease was for a period of 8 years. Now I want to file a case for recovery of rent for the period of 2 years and also for the compensation of remaining years.
The lessee vacated the house without giving notice. Please guide about unregistered lease deed and opportunity to get compensation.
This lease must be registered. According to section 107 of the transfer of property act, a lease for the period of more than one year or of year to year or reserving of yearly rent must be registered. An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the contract from unregistered lease deed.
An unregistered lease deed renders the lease into a month to month. It shall take shorter the period of notice from 6 months to 15 days. The lessee can terminate the lease on giving 15 days’ notice instead of 6 months. He was bound to give six months’ notice if the deed was registered. But he was bound to give only 15 days’ notice.
An unregistered lease deed cannot empower the lessee to terminate the lease without giving any notice. He is bound to give notice. You gave possession over the premises to the performance of the lease. This act renders the lease complete. This constitutes a complete contract. Therefore, you can claim compensation. He cannot deny that there is not a valid contract or a valid lease. The lease is valid in the absence of its registration under section 107 of the transfer of property act.
You can recover all due rent from him. You can also get compensation for four years because he terminated the lease without giving notice. Notice is mandatory under section 106 of the transfer of property act. That notice must be in writing. Oral notice is not effective. You can claim compensation by unregistered lease deed because the validity of lease is not in question. He has committed a breach of contract hence liable to compensate under section 73 of the Indian contract act.
Ask A Question
You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
My mother was eligible for her father's ancestral property accordingly to THE HINDU SUCCESSION (ANDHRA PRADESH AMENDMENT) ACT 1985. She got married after the amended Act. She didn't fight for her rights when her brothers sold the property after my grandfather's death...
Father purchased a plot out of his own income but the plot was registered in the name of my mother. The said plot is muted in my mother's name, therefore, my mother claims that she is the absolute owner of the plot. I have one brother and one sister all are married I...
My father has made a gift in favour of his second wife who is my stepmother thereupon she took possession over the property. She sold that property to his son-in-law thereafter my step-sister erected a house thereon. The property gifted was probably our joint family...
I seek your advice in respect of correction of my name in UP land revenue records. When my father accrued right in the ancestral land after the death of my grandfather, he was very young when his father dies so that he could not pursue his case correctly. Hence...
Get A Quick Advice
Book an appointment for 15 minutes and consult with an expert over the phone within minutes
Join Our Newsletter
Subscribe our newsletter to get our news as well as important legal updates of Supreme Court & High Courts