Registration of Leave and
Licence agreement NOT requird for 11 months under provisions of
Section 17(d) of the Indian Registration Act 1908. Extract
of relevant act as given below :-
“REGISTRATION ACT, 1908
PART III
OF REGISTRABLE DOCUMENTS
17. Documents
of which registration is compulsory.-(I)
The following documents shall be registered, if the property to which
they relate is situate in a district in which, and if they have been
executed on or after the date on which, Act XVI of 1864, or the
Indian Registration Act, 1866, or the Indian Registration Act, 1871,
or the Indian Registration Act, 1877, or this Act came or comes into
force, namely,-
(a) Instruments of gift of
immovable property;
(b)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx;
(c)
xxxxxxxxxxxxxxxxxxxxxxxxxxx; and
(d) Leases
of immovable property from year to year, or for any term exceeding
one year, or reserving a yearly rent;
18. Documents
of which registration is optional - Any
of the following documents may be registered under this Act, namely:-
(a) xxxxxxx
(b) xxxxxx
(c) leases
of immovable property for any term not exceeding one year, and leases
exempted under section 17;”
In view of above, MC should not impose unlawfully to members (who are
unwilling to register) for Registration of leave and Licence
agreement which is less than one year ie 11 months against above law.
Notarised agreement will be sufficient for society. Even Local
Police knows this regulation and giving NOC for notarised agreement
but some society is totally ignorant about it. Only if agreement is
exceeding one year then registration is mandatory. Read
other act in conjunction with above law not in isolation.
