Lease Deed Drafting

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What is Lease Deed Drafting?

According to Transfer of Property Act, Section 105, Lease is defined as a handover of a right to claim property, land or estate for a particular period of time or in permanence. Owning a lease comes with the respect of an amount paid or agreed upon, a share of commodities (or any other form of supplies), service and any valuable payback. This share is redeemed periodically or during certain occasion from the leaseholder to the lessor as per agreement. In order to understand ‘lease’, one should first come to realize the below terms: Lessor the lease provider (property owner) will have complete authority over the property which is then handed over to the lessee Lessee the lease holder who obtains the entitlements to make use of and possess the property on contract from the Lessor Duration the period of time against which the lessee possesses the property rights is also known as ‘duration’. Premium or Rent is the amount or share required for permitting the rights to use and utilize the estate and paid periodically or at one time (as per the agreement). This amount/kind is also paid in intervals hence called rent.

Deliverables

Certain important provisions should be included in every lease agreement in India as follows- Description of Property: The deed should contain the description of the property such as area, location, structure, address, and other information. Duration: The lease agreement should clearly state the period for which the validity of the lease will be in force. This provision might also include information about the renewal of the lease deed in case the parties want to continue with the contract. Rent, Maintenance, and Security: The lease deed must clarify the rent amount, payment mode, due dates, security deposits, interest for payment delay, etc. It should include information regarding maintenance charges, society charges, utility bills, etc. Termination of Lease: The deed must indicate or include the reasons behind the termination of the agreement. It might include breach of the deed, illegal acts on the property, failure to pay the rent, nuisance created by the lessee, etc.

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