What do you mean by lease under the Transfer of Property Act, 1882 ? Discuss the duties of the lessee ?

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
What do you mean by lease under the Transfer of Property Act, 1882 ? Discuss the duties of the lessee ?

Answer & Explanation:

Meaning of Lease (Section 105 of the Transfer of Property Act, 1882): According to Section 105 of the Transfer of Property Act, 1882 (Act), a 'lease' of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. The transferor is called the lessor . The transferee is called the lessee . The price is called the premium . The money, share, service, or other thing of value to be rendered is called the rent . A lease essentially grants the right to possess and enjoy immovable property for a specified period, in exchange for consideration. Duties of the Lessee: The Transfer of Property Act, 1882, outlines several duties of the lessee, unless there is a contract or local usage to the contrary: Disclosure of Material Facts: The lessee is bound to disclose to the lessor any material fact as to the nature or extent of the interest that the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest. Payment of Rent/Premium: The lessee is bound to pay or tender at the proper time and place, the premium or rent to the lessor or his agent in this behalf. Failure to pay rent may lead to forfeiture of the tenancy. Use of Property with Prudence: The lessee must use the property as a person of ordinary prudence would use his own property. He shall not permit any other person to use the property for purposes other than that for which it was leased. Avoid Destructive Acts: The lessee should not do any act which is destructive of or permanently injurious to the property. No Permanent Structures without Consent: The lessee must not, without the lessor's consent, erect on the property any permanent structure, except for agricultural purposes. If fixtures are to be made, it must be done without causing damage, and they can be removed before the lease termination. Inform Lessor of Proceedings: If the lessee becomes aware of any proceedings by way of suit to recover the property or any encroachment on the property, he should immediately inform the lessor, as he is in possession and the lessor might not otherwise know. Restore Possession: The lessee should hand over the property at the end of the lease in the same condition as he received it, subject to reasonable wear and tear and changes caused by irresistible force.

Topics: Transfer of Property Act, 1882

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic