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Lease

Also called: lease deed, tenancy

A transfer of the right to use immovable property for a period in return for rent. A lease for more than one year must be by a registered document.

A lease gives the lessee (tenant) the right to possess and use the lessor's (owner's) property for a fixed or periodic term in return for rent. Residential rent agreements and commercial lease deeds are both leases.

The law behind it

Section 105 of the Transfer of Property Act, 1882 defines a lease. Section 107 says a lease from year to year, for more than one year, or reserving a yearly rent can be made only by a registered document. Section 17 of the Registration Act, 1908 says the same. State rent control laws, and in some States new tenancy laws, add their own rules on rent, eviction and registration.

Notice to end a lease

Where the lease is silent, Section 106 says a monthly tenancy ends with 15 days' notice, and a lease for agricultural or manufacturing purposes is treated as year to year, ending with six months' notice. Most written leases set their own notice period.

Why so many agreements are for 11 months

Because a lease of more than a year must be registered, many people sign 11-month agreements to stay below the line. Several States still charge stamp duty on shorter agreements, and some require registration of all tenancy agreements, so check your State's rules.

Risk

An unregistered lease that had to be registered cannot be used as evidence of the lease terms (Section 49 of the Registration Act), which can hurt either side in a dispute.

See the rent agreement and commercial lease deed documents, and the guide to rent agreement stamp duty and registration.

Checked against the sources below on 7 November 2026 IST. General information about Indian law, not legal advice for your case.

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