Transfer of Property Act, 1882

Transfer of Property Act, 1882

Lease of Immovable Property with focus on Rights and

Duties / Liabilities of the Lessor and Lessee

Lease of Immovable Property with focus on Rights and Duties /

Liabilities of the Lessor and Lessee
Table of Content

1 Introduction

2 Right and Duties of the Lessor

3 Right and Duties of the Lessee

4 Liabilities of the Lessee

5 Conclusion
Lease of immovable property

Definition under Section 105 of the

Act

A lease of immovable property is a

transfer of a right to enjoy such
property, made for a certain time,
express or implied, or in perpetuity, in
consideration of a price paid or
promised by either money, share of
crops or service or any other thing of
value, to be rendered occasionally or
on specified occasions to the transferor
by the transferee, who accepts the
transfer on these agreeable terms.

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Parties Involved in Lease

P arti e s In vo l ved

Lessor Lessee

Lessor: The holder or the owner of the property or land to be leased

is termed as lessor. Lessor can be an individual or any legal entity.

Lessee: The person who is taking the property or land in a lease by

paying money for a certain period is termed as lessee. Any person or
entity who is in need of property or land can be a lessee.

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 Essential Ingredients of a Lease

Transfer of right Interest of the property is supposed to be created in

for the property favour of the ‘lessee’ by the ‘lessor’

Interest created in the property shall be for a specified period

Duration
Parties are at liberty to decide the duration of the said lease.

A valid consideration needs to be paid, periodically or on

Consideration in a
specified occasions as specified in the agreement by the lessee to
Lease
the lessor

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Rights and Duties of Lessor

Rights Duties

Disclose all the fabric defect

Recover rent from the Lessee
regarding the property

Entitled to demand the property Intimation to the Lessee regarding

back from the Lessee their arrival

Entitled to recover the quantity of Refund any advance payment made

injury caused to the property by the Tenant

Seek permission of the Lessee

Seek compensation from the Lessee
before building any structures

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Liabilities of the Lessee towards the property