Hey there, folks! Today we’re diving into the world of leases in India and the age-old question of whether or not they need to be registered. According to the Registration Act of 1908, a lease includes an agreement to lease, and Section 17 of the Act states that leases must be registered. But what exactly does an “agreement to lease” entail and does it really need to be registered?
Well, the Indian courts have been trying to figure that out themselves. Some decisions have suggested that an agreement to lease is only registrable if it creates a present demise. In a recent case, Gadiraju Sanyasi Raju vs Kandula Kamappadu And Ors., the Andhra High Court had to tackle this very question. They were trying to determine if an agreement to lease permanently needed to be registered under Section 17(1)(d) of the Registration Act. The court was so stumped that they ended up referring the question to a Full Bench for further clarification.
So, it looks like the debate over what exactly needs to be registered when it comes to leases in India is far from over. Stay tuned for more updates on this complex issue!
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