Summary: Building upon our previous exploration of the Karnataka High Court’s landmark decision, this blog examines how Indian courts continue to refine the doctrine of dual ownership.Continue Reading Building vs. Land– Part 2: Dual Ownership Through Orissa High Court’s Lens
Summary: Registering lease deeds removes ambiguity, provides legal certainty, and prevents disputes over implied renewal. This protects both landlords and tenants, reduces litigation and promotes smoother tenancy transitions. This blog explains the legal significance of registration of leases and guides readers on the risks of leaving leases unregistered, empowering them to make informed decisions and avoid unnecessary disputes. Continue Reading Unregistered Leases: Rights, Risks, and Remedies
Landlord-Tenant relationship is a jural relationship and is governed by the provisions of Transfer of Property Act, 1882 (Act). In a landlord/tenant relationship, the parties are often referred to as lessor (landlord) and lessee (tenant). The contract under which the landlord-tenant relationship is bound is a lease agreement. The term ‘lease’ is defined under Section 105 of the Act and states as follows –
“A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specific occasions to the transferor by the transferee, who accepts the transfer on such terms”. Thus, a lease of an immovable property is a contract between two principal parties the lessor and the lessee, whereby the lessor creates an interest in favour of the lessee with regard to property for a specific duration.
Continue Reading Termination of Leases – Express or Implied?