TPA Pointers

Introduction
For as long as human culture has existed, the right to property and its enjoyment has existed. While
the Indian Constitution recognised this right as a fundamental right, it was later amended to include
it as a constitutional right rather than a fundamental right that could be held accountable if violated.
While everyone has the unassailable right to enjoy their own property, everyone also has the right to
temporarily grant that right to someone else in exchange for something.
According to Stickney and Weil, *A lease is a contractual arrangement calling for the user(lessee) to
pay the owner (lessor) for use of an asset"
There are two types of tenancy agreements in India; lease agreements and leave and licence
agreements.
In Olden days, the transfer of the immovable properties was governed by the principles of the British
Law. In 1882, The Transfer of Property Act came into force.
What is lease and license
Definition of lease under the "Transfer of Property Act of 1882" and licence under the Easement Act
of 1882
To understand the notion of lease the concept of immovable property is extremely important
What is immovable property? It includes benefits to arise out of land, things attached to the earth,
or permanently fastened
"Lease" is defined under Section 105 of the Transfer of Property Act
A simple reading of the section reveals that a lease only transfers the right to enjoy the immovable
property in exchange for a periodic replenishment of consideration The transferor is referred to as a
"lessor", and the transferee is referred to as a "lessee"
"Lease" is defined under Section 105 of the Transfer of Property Act
"License" is defined under section 52 of the Easement Act, 1882
LEASE AGREEMENT
A lease is an agreement between two parties to transfer a real estate interest (the Lessor and the
Lessee).
The essential requirements of a valid contract under " The Indian Contract Act of 1872 must be met
because the Lessor and Lessee have a contractual relationship.
Modes of determination of lease
Modes are defined in Section 111 of the Transfer of Property Act 1882 as A lease of immovable
property determines-
AS A RESULT OF THE EFFLUX OF TIME.

A lease is the transfer of the right to enjoy the property for a specified period. when a lease for a
given period gets determined by a lapse of time no notice of it is needed.
WHERE SUCH TIME IS CONDITIONALLY LIMITED BASED ON THE OCCURRENCE OF SOME EVENT.
when the terms of the lease are such that they are limited to take place only on the occurrence of
that event, then when the event takes place, the lease is determined
IN THE EVENT THAT THE LESSEE'S AND LESSOR'S INTERESTS IN THE ENTIRE PROPERTY BECOME
VESTED "IN THE SAME PERSON AT THE SAME TIME"
if the lessee acquires rights of co-owners in the property, by merger his rights become absolute and
the lease is determined as he then becomes the owner.
THROUGH IMPLIED SURRENDER.
If a surrender takes place by operation of law, it's an implied surrender, The surrender can take place
either
By the creation of new leases or
Relinquishment of possession
The right to property was originally regarded as a fundamental right in India under art
19 1 f, but by the 44th amendment of the Indian Constitution, under the provision of
Article 300(A), it was reduced to merely a constitutional right
According to section 107 of TPA, 1882, a lease can be made, if there is a lease of
immovable property for a year, or for a term which may be exceeding one year or may
be reserving a rent for a year, then it can be made only by the registered instrument
SEC 105 OF TPA One who transfers the property i.e. transferor called Lessor, one who
accept it i.e. the transferee called lessee, the price is called the premium and services
and other things which is rendered is called rent.
Lease therefore can be of a movable or an immovable property
Problems of lease in india
Delayed Payment and Bad Debts:
The problem of delayed payment of rents and bad debts add to the costs of lease. The
lessor does not take into consideration this aspect while fixing the rentals at the time of lease
agreement. These problems would disturb prospects of leasing business
If your landlord's title is registered, then you must register the lease, no matter what
the term. If your landlord's title is unregistered, the lease will only need to be registered if it
is granted for a term more than 7 years

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Introduction

What is lease and license

"Lease" is defined under Section 105 of the Transfer of Property Act

"Lease" is defined under Section 105 of the Transfer of Property Act

"License" is defined under section 52 of the Easement Act, 1882

Modes of determination of lease

AS A RESULT OF THE EFFLUX OF TIME.

THROUGH IMPLIED SURRENDER.

By the creation of new leases or

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