Enjoyment of peaceful tenancy a right

Section 108A(c) of the Transfer of Property Act, provides the covenant quite enjoyment of leased property by the lessee, provided there is no contract to the contrary between the lessor and the lessee and the lessee has been performing all his obligations, including payment of rent. In other words, peace is an overriding prerogative of…

Why is leasehold not the same as lease?

The term ‘leasehold’ bears a different connotation from the word ‘lease’, as we ordinarily understand and use these terms. Lease of an immovable property is a transfer of a right to enjoy such property, express or implied, in consideration of rent paid or promised to be paid. Leasehold, on the other hand, generally connotes a…

Your 11-month lease has to be stamped

Ever been asked to sign an 11-month rent agreement to save stamp duty? Understand its ramifications? If not, you might want to read this article. Most people tend to confuse stamping and registration and/or use these terms synonymously. Stamping and registration have different implications. The Indian Stamp Act, 1899 deals with stamping of documents. Registration…

How to take care of tenant trouble

Section 108(B)(m) of the Transfer of Property Act, 1882 (TPA) imposes an obligation on tenants to keep the leased premises in good condition and to restore the property in “as good a condition as it was at the time when the landlord put the tenant in possession, subject only to reasonable wear and tear and…

Tenant not vacating your apartment?

How can Landlord protect himself/herself from unscrupulous tenants who overstay there welcome? It is imperative that landlords execute carefully worded lease. The document should include a clause which provides for a penalty for each day that the leased apartment is not vacated. It is imperative to ensure that the lease agreement appropriately words, this per…