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Q.

What is the Time Limit for Registration of Lease Deed?

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The time limit for registration of lease deed is governed primarily by Registration Act, 1908 (“the Registration Act”) in conjunction with the Transfer of Property Act, 1882 (“TOPA”). Under Section 23 of the Registration Act, any document (other than a will) must be presented for registration within four months from its date of execution.

  • If the presentation is delayed beyond four months due to “urgent necessity or unavoidable accident”, the law allows for an extension (with payment of penalty) up to a further four months, making an effective outer window of eight months in exceptional cases.

  • Importantly, for a lease of immovable property which is from year to year, or for any term exceeding one year, or reserves a yearly rent, registration is compulsory under Section 17(1)(d) of the Registration Act and Section 107 of TOPA.

  • If such a lease is not registered, it cannot operate to create or affect any interest in immovable property, and will not be received as evidence in court except in limited circumstances (like a suit for specific performance or to prove a collateral transaction). Practically, that means once a lease deed is executed, it should ideally be submitted for registration immediately, and at the very latest within four months, to avoid legal uncertainty.

If more than eight months elapse without registration, the deed may face serious evidentiary issues and could be treated as invalid in terms of creating the intended leasehold interest.

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