As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property for any term exceeding one year can be made only by a registered instrument.
Likewise, as per Section 17(1)(d) of the Registration Act, 1908, it is mandatory to register a lease of an immovable property for any term exceeding one year.
A rent agreement is basically a lease agreement, though there may be a subtle difference between the two.
It is thus necessary to register the rent agreement in respect of an immovable property if it is for a period exceeding one year.
In addition, there may be registration requirements laid down under the relevant State Acts also. For example, Section 55(1) of Maharashtra Rent Control Act, 1999, requires that:
“Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
