AI Overview...
Condition for Lessee Registration Certificate
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Registration of Charges and Documents:
The Registration Department clarified that no entry was made to show any charge over the property in dispute. If a mortgage was created, registration was necessary unless it involved a deposit of title deeds, which does not require registration. This indicates that certain transactions, such as deposits of title deeds, are exempt from mandatory registration, but other charges or mortgages need proper registration.
FARHAT ANAS VS DEBTS RECOVERY APPELLATE TRIBUNAL - Allahabad -
Conditions in Lease Deed and Registration Necessity:
A lease deed may include conditions such as requiring prior written permission from the landlord (e.g., U.P. authorities) before certain actions by the lessee. The necessity of registration depends on the nature of the transaction and whether it involves transfer of interest or creation of charges.
FARHAT ANAS VS DEBTS RECOVERY APPELLATE TRIBUNAL - Allahabad -
Registration Certificates and Legal Validity:
Under the Registration Act, a registered document must be accompanied by a registration certificate, which serves as proof of due registration. The Act does not mandate stamp duty payment on the original document as a condition for registration, only requiring filing a copy of the sale certificate.
State vs various Banks/Financial Institutions/Auction purchasers - Kerala, THE INSPECTOR GENERAL OF REGISTRATION vs REJEESH G - Kerala, Chekuri Subba Lakshmi VS State of Andhra Pradesh - Andhra Pradesh, M. A. Majeed VS State of Kerala, Rep. by the Secretary to Government - Kerala, State vs various Banks/Financial Institutions/Auction purchasers - Kerala -
Specific Conditions for Registration of Leases and Transfers:
For leases, especially permanent ones, registration and execution of lease deeds are required, often at the cost of the lessee or applicant, and must consider the benefit to the religious or public institution involved. Conditions such as payment of stamp duty and registration charges are standard, and the fulfillment of these conditions is essential for the validity of the lease or transfer.
Lingaraj Mahaprabhu VS State of Orissa - Orissa, R And M Trust VS Koramangala Residents Vigilance Group - Supreme Court -
Legal and Procedural Aspects:
Registration is often contingent upon compliance with statutory conditions, including payment of stamp duty, submission of necessary certificates, and adherence to specific clauses in lease or sale agreements. Non-compliance or omission of registration can affect the transfer of title or lease validity.
FARHAT ANAS VS DEBTS RECOVERY APPELLATE TRIBUNAL - Allahabad, Lingaraj Mahaprabhu VS State of Orissa - Orissa
Analysis and Conclusion
The main condition for obtaining a Lessee Registration Certificate involves proper registration of relevant documents, especially lease deeds and transfer agreements, with adherence to statutory requirements such as payment of stamp duty and obtaining necessary certificates. Certain transactions, like deposit of title deeds, are exempt from registration, but charges or mortgages generally require registration unless explicitly exempted. The registration process is validated through issuance of registration certificates, which are crucial for establishing legal transfer or lease validity. Overall, compliance with the Registration Act, including fulfilling all procedural and documentary conditions, is essential for the legal enforceability of lease and transfer arrangements.
References:
- FARHAT ANAS VS DEBTS RECOVERY APPELLATE TRIBUNAL - Allahabad
- Arumugha Kone . . VS The Palayamcottai Municipal Council represented by its Commissioner and others - Madras
- Chekuri Subba Lakshmi VS State of Andhra Pradesh - Andhra Pradesh
- Lingaraj Mahaprabhu VS State of Orissa - Orissa
- Amritpal Singh VS Chandigarh Administration - Punjab and Haryana
- State vs various Banks/Financial Institutions/Auction purchasers - Kerala
- State vs various Banks/Financial Institutions/Auction purchasers - Kerala
- THE INSPECTOR GENERAL OF REGISTRATION vs REJEESH G - Kerala
- M. A. Majeed VS State of Kerala, Rep. by the Secretary to Government - Kerala
Search Results for "Condition for Leesee Registration Certificate"
2015 0 Supreme(All) 186 • India - Allahabad
SUDHIR AGARWAL
The Registration Department issued a certificate that there was no entry to show any charge over the property in dispute. If any mortgage was created, its registration was necessary but for mortgage by deposit of title deeds, the registration is not compulsory. ... One of the condition stipulated in lease-deed, reads as under: ... “The lessee shall not be entitled without the permission previous consent in writing of that U.P. ... When registration would be necessary....
1973 0 Supreme(Mad) 186 • India - Madras
M.M.ISMAIL, NATARAJAN
Simply because a particular piece of land was valued by the Government for purposes of Stamp Act or for purposes of registration at Rs. 4-50 per sq. ft., it cannot be taken to be a measure for finding out what should be the reasonable return to the Municipality, with reference to the stalls situate in ... ... Dealing with the contention that the changes were unreasonable and excessive, the learned Judge proceeded to state: ... "It is more easily understandable that a condition of reasonableness should be applied to cases where by virtue of the existence o....
2022 0 Supreme(AP) 125 • India - Andhra Pradesh
M.GANGA RAO
Andhra Pradesh State Aquaculture Development Authority Act, 2020 – Fish culture - Petitioners are granted final registration ... Finding of the Court: Court found that lands in respect of which registration was granted ... guidelines, final registration certificate is granted on 04.11.2016. ... However, the petitioners were granted provisional registration certificate on 16.07.2016 and final registration certificate was also granted on 04.11.2016. 1....
2017 0 Supreme(Ori) 1404 • India - Orissa
B.K.NAYAK, D.P.CHOUDHURY
RELIGIOUS ENDOWMENT ACT, 1951 - Sec. 19 - Transfer of Property Act - Sec. 107 - Grant of permanent lease and for execution and registration ... only made after considering the necessity or benefit thereby accruing to the religious institution or deity - There should be two conditions ... The order also specifically directed for grant of permanent lease and for execution and registration of lease deed at the cost of the applicants within a month from the date of passing of the order. ... It is also evident from the lease sanction order (An....
2012 0 Supreme(P&H) 643 • India - Punjab and Haryana
A.N.JINDAL, HEMANT GUPTA
power of attorney is for consideration--But if on the basis of such power of attorney, an instrument for sale is presented for registration ... transaction and to return a finding that such power of attorney was for consideration and, therefore, cannot be made basis for registration ... (A) Capital of Punjab (Development and Regulation) Act, 1952--The requirement to seek 'No Objection Certificate' unless it is so ... Kaushal could not point out that the condition of issue of ‘No Objection Certificate’ h....
2025 Supreme(Online)(Ker) 39358 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, J
Section 89 (4) of the Registration Act was only to file a copy of the sale certificate in Book No.1 and he could not insist on a payment of stamp duty on the original of the document as a condition for discharging his statutory duty. ... (v) Where a document is registered, a certificate of registration has to be issued which will be admissible to prove the due registration of the document. 9. ... Section 17 (2)(xii), the transfer of title in his favour is not vitiated by the non- #H....
2005 1 Supreme 405 • India - Supreme Court
ASHOK BHAN, A.K.MATHUR
expenses in connection with such sale such as stamp duty, registration charges, etc., shall be borne by the Lessee/Purchaser. ... The moment the conditions laid down in the lease cum sale agreement are fulfilled i.e. the entire money is paid and the registration ... Condition No. 4 of the lease agreement was only to survive so long as the lessee continued to be lessee as his rights of lessee are ... as stamp duty, registration charg....
2025 Supreme(Online)(Ker) 39367 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, J
Section 89 (4) of the Registration Act was only to file a copy of the sale certificate in Book No.1 and he could not insist on a payment of stamp duty on the original of the document as a condition for discharging his statutory duty. ... (v) Where a document is registered, a certificate of registration has to be issued which will be admissible to prove the due registration of the document. 9. ... Section 17 (2)(xii), the transfer of title in his favour is not vitiated by the non- #H....
2005 0 Supreme(Ker) 663 • India - Kerala
K.HEMA, K.THANKAPPAN, K.A.ABDUL GAFOOR
If so, it also ought to have been registered going by S.17(1)(c) of the Registration Act, read with Clause (v) of sub-s. (2) thereof ... Whether the grant contains any conditions as stipulated in S.3 of the Act to make applicable the Act itself to the land in question ... The contractor under the grantee or lessee or a purchaser of timber from a grantee or lessee based on an unregistered agreement like ... The timber in question is not teak, blackwood, ebony karumathai and sandalwood nor is there any condition#....
2025 Supreme(Online)(Ker) 39361 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. K. Jayasankaran Nambiar, J
Section 89 (4) of the Registration Act was only to file a copy of the sale certificate in Book No.1 and he could not insist on a payment of stamp duty on the original of the document as a condition for discharging his statutory duty. ... (v) Where a document is registered, a certificate of registration has to be issued which will be admissible to prove the due registration of the document. 9. ... Section 17 (2)(xii), the transfer of title in his favour is not vitiated by the non- #H....
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