Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to…
Under the first paragraph of section 107, a lease from year to year, for a term exceeding one year, or reserving a yearly rent requires a registered instrument. Under the…
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Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or reserving a yearly rent:-
Answer and explanation
Correct answer C
Under the first paragraph of section 107, a lease from year to year, for a term exceeding one year, or reserving a yearly rent requires a registered instrument. Under the third paragraph, both the lessor and the lessee must execute a registered lease. The second paragraph’s oral agreement and delivery of possession route is for other leases.
Option feedback
Option A
Incorrect. Under the first paragraph of Section 107 of the Transfer of Property Act, 1882, a lease from year to year or reserving a yearly rent can be made ONLY by a registered instrument, and not by an oral agreement.
Option B
Incorrect. Under the third paragraph of Section 107 of the Transfer of Property Act, 1882, where a lease of immovable property is made by a registered instrument, such instrument shall be executed by both the lessor and the lessee, not by the lessor alone.
Option C
Correct. Reading the first and third paragraphs of Section 107 of the Transfer of Property Act, 1882 together, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument executed by both the lessor and the lessee.
Option D
Incorrect. An oral agreement accompanied by delivery of possession is permissible under the second paragraph of Section 107 TPA only for 'all other leases of immovable property' (not being a lease from year to year, for a term exceeding one year, or reserving a yearly rent).
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