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  • U-4 Lease

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    thejangutuosuohu
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    This document summarizes key aspects of a lease of immovable property under Indian law. It outlines that a lease involves the transfer of right to enjoy property for a certain time in exchange for consideration. The essential parties are the lessor and lessee, and it involves immovable property for a defined period. It then describes the rights and liabilities of both the lessor and lessee, such as the lessor's right to receive rent and duty to give possession, and the lessee's rights to crops/fixtures and duties to pay rent and maintain the property. Finally, it lists various ways a lease can be terminated, such as by effluxion of time or forfeiture due to the lessee breaking conditions.

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    Property law

    Original Title

    U-4 LEASE

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    This document summarizes key aspects of a lease of immovable property under Indian law. It outlines that a lease involves the transfer of right to enjoy property for a certain time in exchange for consideration. The essential parties are the lessor and lessee, and it involves immovable property for a defined period. It then describes the rights and liabilities of both the lessor and lessee, such as the lessor's right to receive rent and duty to give possession, and the lessee's rights to crops/fixtures and duties to pay rent and maintain the property. Finally, it lists various ways a lease can be terminated, such as by effluxion of time or forfeiture due to the lessee breaking conditions.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Download as pdf or txt
    5 views2 pages

    U-4 Lease

    Uploaded by

    thejangutuosuohu
    This document summarizes key aspects of a lease of immovable property under Indian law. It outlines that a lease involves the transfer of right to enjoy property for a certain time in exchange for consideration. The essential parties are the lessor and lessee, and it involves immovable property for a defined period. It then describes the rights and liabilities of both the lessor and lessee, such as the lessor's right to receive rent and duty to give possession, and the lessee's rights to crops/fixtures and duties to pay rent and maintain the property. Finally, it lists various ways a lease can be terminated, such as by effluxion of time or forfeiture due to the lessee breaking conditions.

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    of 2

    LEASE OF IMMOVABLE PROPERTY

    LEASE SECTION 105: Is a transfer of a right to enjoy such property, made for a certain time,
    express or implied, in perpetuity for
    • Consideration of a price paid or promised or for money, a share of crops, service or any
    other thing of value
    • Rendered periodically or on specific occasions to the transferor by the transferee
    • Who accepts the transfer on such terms.
    ESSENTIALS
    • Parties- lessor and lessee
    • Property- immovable
    • Period – any period or perpetual
    • Premium – consideration
    • Partial transfer – demise or transfer of only right to enjoy
    RIGHTS AND LIABILITIES OF LESSOR: ONYL RIGHT OF LESSOR FROM
    CLAUSE C OF SECTION 108 IS TO RECEIVE RENTS
    LIABILITIES
    • DUTY TO DISCLOSE: H.V LAW& CO V JYOTI PRASAD: held that it was duty of
    vendor to disclose to the vendee any defect in title
    • DUTY TO GIVE POSSESSION – a lease by person not in possession is not ipso facto
    void. Duty arises only when lessee makes a request
    • Covenant for quiet enjoyment – if lessee pays rent and performs contract, he may hold
    property during time limited by lease without interruption.

    RIGHTS OF LESSE
    • RIGHT TO ACCRETION – Accession made to the property during lease is deemed to
    be comprised in the lease, lessee has right to sue and enjoy increased area
    • RIGHT TO AVOID LEASE UPON DESTRUCTION – But destruction should not be
    due to his wrongful act or neglect. VANNATTANKANDY IBRAYI V
    KUNHABDULLLA HAJJEE
    • RIGHT TO DEDUCT COST OF REPAIRS – From repair’s expenses with interest
    from rent or from lessor
    • RIGHT TO DEDUCT OUTGOING - According to section 108(g) of the TP Act, the
    lessor may pay and deduct the amount from the rent if the lessee makes a payment that
    the lessor is required to make and that, if not done, is recoverable from the lessee or from
    the land.
    • RIGHT TO REMOVE FIXTURES – fixtures made by him during continuance of
    lease. BISHAN DAS V STATE OF PUNJAB: a person who puts constructions on land
    belonging to others with their permission would not tresspass nor would the buildings
    vest in the owner of the land.
    • RIGHT TO REMOVE CROPS: free ingress and egress, entitled to any crops or trees
    grown by him, right to remove crops after termination of lease
    • RIGHT TO TRANSFER HIS INTEREST – 108(J) may transfer by mortgage, sublease
    any part of his interest in the property

    LIABILITIES OF LESSEE SECTION 108 K-Q


    • DUTY TO DISCLOSE – bound to dislose facts of lessor’s title which increases value of
    the lease
    • DUTY TO PAY RENT – lessee bound to pay agreed rent, once in possession of the
    property
    • DUTY TO MAINTAIN THE PROPERTY – maintain in as good a condition as he
    found it and restore it in a condition it was given to him
    • DUTY TO INFORM ABOUT ENROACHMENT
    • DUTY TO USE PROPERTY REASONABLY (not to commit waste) - commit any act
    which is destructive or permanently injurious.
    • DUTY NOT TO ERECT PERMANENT STRUCTURE – Except for agricultural
    purposes.
    • DUTY TO RESTORE POSSESSION – Cannot refuse delivery of possession, in case
    of joint lessees if one fails to give possession, all will be liable for damages

    TERMINATION OF LEASE SECTION 111


    • BY EFFLUX OF TIME
    • BY HAPPENING OF SPECIFIED EVENT
    • TERMINATION OF LESSOR’S INTEREST
    • BY MERGER: greater estate coincides with a lesser estate
    • BY SURRENDER; smaller interest unites with larger interest
    • BY FORFEITURE: when lessee breaks express condition, lessee renounces his title
    or claims the title himself, lessee is adjudicated as insolvent
    • ON EXPIRATION OF NOTICE TO QUIT: formal statement issued by lessor to
    end lease on grounds under 106 or 111
    • IMPLIEDLY WAIVER OF NOTICE TO QUIT: when lessor issues notice to quit ,
    on expiry issues another notice, the first notice is impliedly waived
    • EXPRESS WAIVER: Acceptance of rent by lessor from lessee after notice to quit is
    called express waiver

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