View Full Version : Q. Define lease what are the right and liabilities of lessor. (1999)(2000)

08-30-2012, 03:23 AM
Q. What is lease of immoveable property? describe the essentials of such leas.(1997)
Q. Define lease. how it is made? discuss in detail giving the rights and liabilities of the lessor and the lessee? (1998)(2002)
Q. What is lease how it is made. (2007)
1. Introduction:
A lease is a transfer of a right to enjoy the property of lessor made of a certain time under which the lease is put in possession of the property. the rights of ownership are not passed on the transferee. there is only transfer of right of enjoyment in lease.
2. Relevant provisions:
Sec 105, 107, 108 transfer of property act.
3. Lease how made:
A lease of immoveable property from year to year or for any term exceeding one year, or resering a year rent, can be made only by a registered instrument. all other lease of immoveable property may be made either by a registered instrument by oral agreement accompanied by delivery of possession.
4. Definition of lease:
A lease of immovable property is transfer of right to enjoy such property, made for a certain time express or implied, or in perpetuity, in consideration for a price paid or promised, or of money a share of crops, service or any other thing of value, to be rendered periodically, or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms".
The transferor is the lessor.
The transferee is called lessee.
The price is called premium
The money, share or other thing to be so rendered is called the rent.
5. Essentials element of lease:
Following are essentials elements of lease.
(i) Immoveable property:
Lease must relate to immoveable property.
(ii) Fixed duration of enjoyment:
Such enjoyment of right of property must be for fixed duration.
(iii) Transfer of right:
There must be transfer of such right of enjoyment.
(iv) Consideration:
It must be for consideration.
(v) Acceptance:
The transfer must be accepted by the transferee.
6. Creation of lease:
Lease may be created by contract by either:
(i) Express
(ii) Implied
(iii) Statue.
7. Lease how made:
Lease of immovable property is made in the following ways.
(i) Through registered deed.
(ii) Through transfer of possession.
(iii) Through execution of instrument.
8. Determination of rights and liabilities of parties of lease:
The rights and liabilities of parties of lease determined by.
(i) Contract.
(ii) Local usage.
9. Liabilties of lessor:
Following are the liabilities of lessor.
(i) Delivery of possession:
It is statutory obligation of the lessor to put the lessee in possession of the property leased out to him.
(ii) Disclosure of material defect:
The lessor is bound to disclose to the lessee any material defect in the property.
(iii) Protect the rights of heirs:
Lessor is bound to protect the rights of lessor's heirs in case of his death.
(iv) No interruption:
Lessor is bound not to incorrupt in the possession of property of the lessee.
(v) Repair the leased property:
Lessor should repair the leased property on the demand of lessee.
10. Right of lessor:
Following are the rights of lessor.
(i) Consideration:
He is entitled for the consideration.
(ii) Right to take consideration in time:
He has right to take consideration in time from the lessee.
11. Liabilities of lessee:
Labilities of lessee are as under.
(i) Accession:
If during the continuance of the lease any accession is made to the property, such accession subject to the law relating to allusion belongs to the owner of the joining land.
(ii) Destruction of property:
If by fire, tempest or flood or violence of any army or of more or other irresistible force any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let the lessee shall at the option of lessee be avoid.
(iii) Repairs on property:
If the lessor neglects to make within a reasonable time after notice, any repairs which he is bound to make, he make himself and deduct the expenses of repairs.
(iv) No Interruption:
Lessor is bound not to incorrupt in the possession of property of the lessee.
(v) Payment of rent:
The lessee must pay the rent of property to the lessor.
(vi) Reasonable care:
A lessee is bound to take reasonable care of the property entrusted to him.
(vii) Notice to any defect:
If the lessee becomes aware of any proceedings to recover the property or any encroachment made upon or any interference with, the lessor's right concerning such property, he is bound to give, with reasonable notice thereof of the lessor.
(viii) Use for real purpose:
Lessor must not use property or permit another to use the property for a purpose other than that for which it was leased.
Unlawful purposes:
following may be unlawful purposes.
(i) Sell or pull down timber.
(ii) Damage to buildings.
(iii) Work mines or quarries.
(iv) Any other act which is destructive.
(ix) Permission of lessor:
Lessee must not without the lessor's consent erect on the property any permanent structure except for agricultural purposes.
(x) Delivery of possession of leased property:
On the determination of lease, the lessee is bound to put the lessor into possession of property.
12. Rights of lessee:
The rights of lessee are as under.
(i) Termination of lease in case of destruction of property:
Lessee has right to terminate lease in case of any destruction of property.
(ii) Make essential repair and deduct expenses:
Lessee should make essential repair and he has right to deduct expenses from the rent of property.
(iii) Payment made on behalf of lessor:
Lessee may make the payment which the lessor is bound to make and deduct same from the rent.
(iv) Take things attached to earth:
Lessee may even after the determination of the leaser remove at any time whist he is in possession of the property leased but not afterwards all things which he has attached to the earth, provided he leaves the property in the state in which he received it.
(v) Transfer of property:
The lesee may transfer absolutely or by way of mortgage or sub-lease whole or any part of his interest or party may transfer is again. the lesee shall not, by reason only if such transfer cease to be subject to any of the liabilities attaching to the lease.
13. Conclusion:
To conclude I can say that, a lease is transfer of an interest of immoveable property. the rights and liabilities of both parties in lease are subject to the change by mutual agreement or by local usage.