Site navigation

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…

Choose your answer

Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year or reserving a yearly rent:-

Select one answer
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).

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic