An unregistered lease deed executed for a period of under 12 months can’t be held as invalid under Section 107 of the Transfer of Property Act, the Kerala High Court has said.
While delivering its order in case where a tenant contested eviction proceedings citing grounds of arrears of rent and bona fide need under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1956, a two-Judge Bench of Justice Anil K Narendran and Justice G Girish said: “A mere reading of Section 107 of the Transfer of Property Act will make it clear that the requirement of compulsory registration of lease deed is applicable only in respect of a lease from year to year or for any term exceeding one year or reserving an yearly rent.”
“A lease of immovable property from year to year, or for term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. All other leases of immovable property may be made either by a registered instrument or by lessee agreement accompanied by delivery of possession,” reads Section 107 of the Transfer of Property Act.
Upholding the decisions of the Rent Control Court and Rent Control Appellate Authority, the high court in its order dated February 19, 2024, further added: “It has been held by the Apex Court in the Satish Kumar versus Zarif Ahmed [(1997) case that lease of immovable property from month to month for 11 months need not be registered though reduced to writing, and that such a lease deed is admissible in evidence even though it was not registered.”
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An alumna of the Indian Institute of Mass Communication, Dhenkanal, Sunita Mishra brings over 16 years of expertise to the fields of legal matters, financial insights, and property market trends. Recognised for her ability to elucidate complex topics, her articles serve as a go-to resource for home buyers navigating intricate subjects. Through her extensive career, she has been associated with esteemed organisations like the Financial Express, Hindustan Times, Network18, All India Radio, and Business Standard.
In addition to her professional accomplishments, Sunita holds an MA degree in Sanskrit, with a specialisation in Indian Philosophy, from Delhi University. Outside of her work schedule, she likes to unwind by practising Yoga, and pursues her passion for travel.
sunita.mishra@proptiger.com
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