Lease Transfer of Property Act Section 105 by Priya Awasthi
Explore the key aspects of lease transfer under Section 105 of the Property Act as explained by Priya Awasthi. Learn about the essential ingredients of leases, rights of tenants, types of properties, reversion concepts, and more.
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Presentation Transcript
LEASE TRANSFER OF PROPERTY ACT SECTION 105 By Priya Awasthi
Section 7 must be written with all specific transfers TPA not sufficient, tenancy laws must be referred to (TPA is subject to tenancy laws) LEASE is a transfer of limited right to enjoy the possession of property
Demise and Demised Property Freehold Property- without any incumbrance on property Leasehold Property- with incumbrances
Jaswant Singh v. Ahmedabad Municipal Corporation AIR 1991 SC 385 U/S 105 of TPA a lease creates a right or interest in the enjoyment of the demised property and a tenant or a subtenant is entitled to remain in possession until the lease is duly terminated and eviction takes place in accordance with law
Reversion Rent or Premium Bailment- Section 148-171 Indian Contract Act
Essential Ingredients Immovable property Creating a new interest in favour of other Limited/Partial interest is transferred Certain duration is there. Contract- express/implied There must be a consideration from other side Consideration may be paid or promised. May be price, crops, service or any other thing of value. lumpsum amount: Premium Monthly payment: Rent
Payment may be periodical or on specified occasions Intangible rights can also be leased right to ferry(benefits arising out of immovable property etc)
Can there be a lease to a minor? Promila Bali Das v. Jogeshwar (Patna HC)
