Feel free to contribute on burning issues concerning the members/Owners and Tenants of AWHO Society. Contributions would be acknowledged - Use the 'Comments' tab or email hufaksingh[at]gmail.com. No operational/business/commercial matters to be discussed please. Information on this blog is opinion based and is neither official nor in the form of an advice. This is a pro bono online journal in public service related to issues, policies and benefits, and the idea behind it is to educate and not to create controversy or to incite. Be soft in your language, respect Copyrights.

Saturday, July 5, 2014

Registration of Leave and Licence agreement NOT mandatory for 11 months


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.

No comments:

Post a Comment