Unregistered rental agreement - valid in a court of law (URGENT)

[bhargavi k]

Dear members

A rental agreement which has a lock in period of 11 months but valid for 22 months has not been registered. The agreement makes no mention of liability of registration on either lessor or lessee.
The agreement contains 2 clauses mentioning 2 different notice period(one month and three months)  because of which there is difference of understanding between the Lessor and Lessee.
Further the Lessor has fallen back to comply with one of the terms of the agreement.

The Lessor who is in possession of the deposit is not ready for any sort of negotiation or discussion.

Please clarify on the following queries:

• Is this contract valid? Which clause for termination shall stand valid?
  
• Can either parties take legal action against each other, in case of non consensus?
• Can the Lessee take benefit for non compliance by the Lessor?
  
• What course of action can be adopted

Please advice.





--
Regards
Bhargavi

[venkata ramana]

It is rescindable.Being unregistered , has no force of law . HOWEVER , BY OPERATION OF THE PRINCIPLE OF ESTOPPEL AND SINCE BOTH PARTIES HAVE ACTED IN FURTHERANCE OF THE INTENT AND OBJECTS OF THE SAID SUCH DEED, IT IS ENFORCEABLE .lITIGATION IS UNAVOIDABLE SINCE THERE IS AMBIGUITY ON ACCOUNT OF THE ANAMOULOUS TERMS COMPRISED IN THE AGREEMENT.

iT IS advisable to issue a notice to the other party [ and submit draft clauses suggesting a settling of the indefinite / confusing clauses alongwith suggested final draft which ought to be registered to avoid such an incongrous situation.

PARTICULAR SUGGESTIONS MAY BE MADE ON KNOWING THE NATURE OF ACTIVITY  BEING CARRIED OUT BY THE LESSEE , THE AMOUNT OF SECURITY DEPOSIT PAID TO THE LESSOR , etc.

regards,

V.

Pamarty Venkataramana,

Advocate,

Supreme Court of India,

09958057799.

 

 

--
Find eNewsletters of ICSI Mysore at: http://www.icsi.edu/NewsEvents/enewsletters/tabid/1757/Default.aspx AND www.esnips.com/web/icsimysore
 
You received this message as you are subscriber. To unsubscribe email to: csmysore-u...@googlegroups.com