When lease of immovable property is compulsorily registrable?
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2022
When lease of immovable property is compulsorily registrable?
Answer & Explanation:
A comparison of Section 107 of Transfer of Property Act, 1882 and Section 17 (1) (d) Registration Act, 1908 show that a lease of immovable property is compulsory registrable in below mentioned situations: if it is from year to year; or if it is for a term exceeding one year; or if it reserves a yearly rent. If a lease is of a very high value but is neither from year to year, nor for any term exceeding one year, nor reserving a yearly rent, it does not require registration under Section 17(1)(d). Non-testamentary instruments transferring or assigning any decree or order of a Court or any award in order to create interests as mentioned in Clause (b). It may be pointed out that the documents containing contracts to transfer for consideration, any immovable property for the purpose of Section 53A (Part performance) of the Transfer of Property Act, 1882 shall be registered if they have been executed on or after the commencement of the Registration and other Related Laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then they shall have no effect for the purposes of the said Section 53A.
Topics: Registration Act/Transfer of Property Act
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