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Under the general rule in Section 107 of the Transfer of Property Act, 1882, how must a lease of…

Under Section 107 of the Transfer of Property Act, 1882, the specified leases can be made only by a registered instrument. Both lessor and lessee must execute a registered…

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Under the general rule in Section 107 of the Transfer of Property Act, 1882, how must a lease of immovable property from year to year, for more than one year, or reserving yearly rent be made?

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Answer and explanation

Correct answer C

Under Section 107 of the Transfer of Property Act, 1882, the specified leases can be made only by a registered instrument. Both lessor and lessee must execute a registered lease instrument. Section 17(1)(d) of the Registration Act, 1908 also generally requires registration for these leases, subject to its proviso.

Option feedback

Option A

An oral agreement alone cannot create a lease of the specified class under Section 107. The ordinary rule for other oral leases also requires delivery of possession.

Option B

An unregistered instrument cannot create the specified lease under the general rule in Section 107.

Option C

Section 107 requires a registered instrument for the specified classes of lease.

Option D

An unregistered instrument is insufficient under the general rule in Section 107, so the two methods are not interchangeable.

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