Legal Question in Landlord & Tenant Law in India

Is registration of lease agreement of residential property necessary under registration act 1908 section 17 & 18, specially if term is less than 1 year?

Property is residential & situated at Thane. Tenant is existing since last 12 months & that agreement was registered. Now tenant wants to extend stay for next 10 months.

How to make sure I am legally on safe side?


Asked on 4/04/14, 10:33 pm

2 Answers from Attorneys

you can have the agreement for one year and register it. Add a clause that the tenant may opt out of the tenancy by giving one months notice.

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Answered on 4/05/14, 8:08 am
Fca Prashant Chavan Expert Edge LLP

05.04.2014

Dear Sir / Madam,

After the expiry of the initial Agreement for Leave and License (ALL) of 11 months, in case you intend to renew the ALL again for a further period of 11 months, you should keep a month's gap in between two agreements so as to break the continuity. You may allow the Licensee to stay in your premises during that one month without any Agreement. Registration of an ALL of less than a year's duration is optional.

Regards,

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Answered on 4/05/14, 8:17 am


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