All about lease deeds


We examine what constitutes a lease deed, how to draft one and the legal aspects pertaining to its registration

If a property is being used by some other person, apart from the actual owner, the property is said to be rented out or leased out. To formalise this arrangement, a rental agreement, known as the lease deed, is entered into.

 

Lease deed

 

What is a lease deed?

A lease deed is a document or a written contract between the property owner or a landlord also known as lessor and the tenant or lessee, which contains all the terms and conditions, including the rent to be paid, security deposit to be made, etc. A lease deed is usually required, when the property is rented out for a long period of time. A deed has to be registered, if the lease period is for more than 11 months.

See also: Difference between lease and licence agreements

 

What are the contents of the lease deed?

Here are some of the important provisions and details that should be listed in a lease deed:

  1. Property details, including area, location, address, structure, furniture and furnishings, if provided.
  2. Lease duration, its validity and provision for its renewal, along with the terms and conditions for its renewal.
  3. Rent, maintenance, security deposit to be paid by the tenant and the due date. Other important provisions, such as interest and penalty on payment delay, should also be mentioned. It should also mention the details of payment to be made by the tenant on a monthly basis, such as electricity charges, water bills or any other utility costs.
  4. Clauses for lease termination should be mentioned in the lease deed, along with other reasons for which the agreement can be cancelled, such as breach of deed, use of property for illegal activities, or failure to pay rent.

See also: Lease vs rent: Main differences

 

Why lease deeds are for 99 years?

When the development authority allots development rights of the land to the builder, it is usually for a lease of 99 years. This implies that anyone who gets a leasehold land, will own it for 99 years, after which the ownership is given back to the landowner. The long-term leases control the transfer of land and its uses. This time span is seen as a safe interval choice, given that it will cover the lifespan of the lessee and will safeguard the ownership of the lessor.

 

Is lease deed registration mandatory?

According to the Registration Act, 1908, any property being leased for residential, commercial, cultivation, hereditary allowances, or fisheries purpose, should be registered, if they are being leased out for more than 11 months. The law is applicable to all states, (except Jammu and Kashmir). A lease dead that lasts only for 11 months does not require registration.

See also: Laws related to registration of property transactions in India

 

Documents required for registration of lease deed

The following documents are required for lease deed registration:

  • Identity proof, such as Aadhaar Card, driving licence, passport, etc., of the landlord and tenant.
  • Address proof of the authorised signatory, from both the parties.
  • Passport-sized colour photographs of the authorised signatory, from both the parties.
  • Company PAN card and company seal/stamp, if it is a commercial property.
  • The original proof/evidence of ownership or title of the property.
  • Property documents, such as Index II or tax receipt of the property to be leased.
  • Route map of the property leased out.

 

FAQs

Is it necessary to register a lease deed?

It is mandatory to register a lease deed if the lease period is for more than 11 months.

What is lease deed registration?

For lease deed registration, both, the tenant and the landlord, should be present at the sub-registrar’s office and pay the stamp duty on the instrument.

What is the difference between an agreement to lease and a deed of lease?

An agreement to lease generally covers the broad aspects of the lease, such as the duration, the rent payable, the rights of renewal of the lease, etc., while a lease deed also includes detail about the day-to-day operations of the lease.

 

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