CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY

Section 107: Leases how made

A lease of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.

¹[All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.

² [Where a lease of immoveable property is made by a registered instrument, such

instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee:]

Provided that the State Government may, ³*** from time to time, by notification in the Official Gazette, direct that leases of immoveable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.]

Footnotes in the official text

1.Subs. by Act 6 of 1904, s. 5, for the Second paragraph.
2.Ins. by Act 20 of 1929, s. 55.
3.The words “with the previous sanction of the Governor General in Council” omitted by A. O. 1937.

Questions on this section

6 questions in 23 of our papers cite Section 107. Try these from the free papers:

1. Section 4(1) of the Chhattisgarh Rent Control Act, 2011 provides that after its commencement no person shall let or take on rent any accommodation except by an agreement in writing. This requirement operates:
2. L lets a shop to T for a term of five years at a monthly rent by an unregistered lease deed. T is put in possession and pays rent to L every month, which L accepts. Applying Section 107 of the Transfer of Property Act, 1882 as explained in Anthony v. K.C. Ittoop & Sons (2000), which of the following is correct?
3. Under Section 107 of the Transfer of Property Act, 1882, which of the following leases of immoveable property can be made only by a registered instrument?

Practise questions on Transfer of Property Act