3) According to your existing contract, liability for the payment of stamp duty on tenant 4) Biswabani Pvt. Ltd. vs. Santosh Kumar Dutta: (1980) 1 SCR 650 a bank of two judges of this court found that although a second rental decision was executed between the parties (after the expiry of the period in the first lease) , due to lack of registration, the tenant would continue to be protected under the corresponding Rent Control Act since the tenant acquired the right of a legal tenant after the expiry of the first tenancy period, since there is no rental record, the tenant will not be entitled to the tenant. He can only be deported as a transgressor to avoid what he (and most transgressors do) can claim property by even establishing a forged act. The rent fades into insignificance, as it is not carried out in accordance with the law. Nothing comes “easy” in court, as you will recognize when you sue. The legal status of the Registers Act and TOPA with respect to registration has been upheld by the Supreme Court of India (“Supreme Court”) in several cases. In Anthony v. KC Ittoop and Sons and Others ((2000) 6 CSC 394; AIR 2000 SC 3523) had examined whether an unregified lease could create a lease. The Court of Justice held that an unregistered instrument could not, because of the legal restrictions of three proceedings (simply paragraphs 17 and 49 of the Registration Act and Section 107 of the TOPA), create a contractual lease, but that the existence of a lease could result from the conduct of the parties. The Supreme Court stated: “A transfer of rights in the building to enjoyment, the consideration of which has been set for the payment of the monthly rent, can reasonably be accepted.” 1) You can`t rely on DieMietstat because it`s not regsitered.
The tenant is only protected if it is a registered document or if it is a situation advantageous to the lessor. As noted above, the importance of the registration of leases cannot be overstated. Very often, parties choose not to register their leases in order to save on stamp and registration fees. If all goes well, there is nothing to fear. However, in the event of a dispute, the parties cannot rely on the unregistered lease period if it is non-aeig. More importantly, the rental agreement (in cases where the property and rent has been made) is considered terminated from month to month in the absence of a registered tenancy agreement, which can be terminated with a period of 15 days.