DPC.doc

HIDAYATULLAH NATIONAL LAW UNIVERSITY 

D.P.C.

PROJECT ON

“Prepare a draft of leasedeed!

SU"#ITTED TO #rs. S$ree%a&a Ra%'()ar Pat*l Faculty, HNLU, Raipur

AJAY LA+RA SEC-B Roll-9

DRAFT OF OF LEASE DEED PREPARE  A DRAFT 

ACKNOWLEDGMENS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Mrs. Shreejaya Rajkumar Patil for putting his trust in me and giing me a project topic such as this and for haing the faith in me to delier. Mam, thank you for an opportunity to help me grow. My gratitude gratitude also goes out to the staff and administration administration of !"#$ for the infrastructu infrastructure re in the form of our li%rary, I& #a% and my friends that was a source of great help for the completion of this project.

A!A" LAKRA LAKR A

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DRAFT OF OF LEASE DEED PREPARE  A DRAFT 

ABLE OF CONENS

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%NRODUC%ON

DRAF%NG ? %S MEAN%NG Dra4ti&2 ay * '4i&' a0 t1 0y&t10i0 o4 la3 a&' 4act i& a la&2ua2 4or # &his is the

essence of the  process of drafting. All three characteristics rank e'ually in importance. In other  words, legal drafting is the crystalli(ation and expression in definitie form of a legal right, priilege, function, duty, or status. It is the deelopment and preparation of legal instr instrum umen ents ts such such as cons consti titu tuti tion ons, s, stat statut utes, es, regul regulat atio ions ns,, ordi ordina nanc nces, es, cont contra ract cts, s, will wills, s, coneyance coneyances, s, indentures, indentures, trusts and leases, etc. &he process of drafting operates in two  planes) the conceptual and the er%al. *esides *esides seeking seeking the right words, the draftsman draftsman seeks the right concepts. +rafting, therefore, is first thinking and second composing.

1

Commercial  Documents (198!" Stanley Robinson: Drafting Its Application to Conveyancing and Commercial  Documents -*utterworths/ -*utterworths/ 0hapter 1, p.23.

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PREPARE  A DRAFT OF LEASE DEED

Dra4ti&2, i& l2al 0&0, a&0 a& act o4 prpari&2 t1 l2al 'ocu&t0 li; a2r&t0, co&tract0, ''0 tc$

A proper understanding of drafting cannot %e realised unless the nexus %etween the law, the facts, and the language is fully understood and accepted. +rafting of  legal documents re'uires, as a pre4re'uisite, the skills of a draftsman, the knowledge of facts and law so as to  put facts in a systematised se'uence to gie a correct presentation of legal status, priileges, rights and duties of the parties, and o%ligations arising out of mutual understanding or   prealent customs or usages or  social norms or %usiness conentions, as the case may %e, terms and conditions,  %reaches and remedies etc. in a self4contained and self4explanatory form without any patent or latent am%iguity or dou%tful connotation. &o collect, consolidate and coordinate the a%oe facts in the form of a document, it re'uires serious thinking followed %y prompt action to reduce the aaila%le information into writing with a legal meaning, open for judicial interpretation to derie the same sense and intentions of the parties with which and for which it has %een prepared, adopted and signed.

OB!EC%8ES • •

&o study the concept of drafting pleading and coneying &o prepare the draft of #ease deed

RESEARCH MEHODOLOG" &he method of research adopted for the project is analytical methodology. 5or the  present project releant data and information has %een receied and collected from secondary sources and there has %een use of authentic %ooks and we%sites which  proided relia%le information and data.

RE8%EW OF L%ERAURE

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PREPARE  A DRAFT OF LEASE DEED

 H$ L$ Kuar@0 L2al Dra4ti&2  Do it your0l4, $niersal #aw Pu%lishing 0o. has discussed the concept of #ease deed and its arious forms along with its deed format.

Dra4ti&2 o4 a La0

A deed of lease should %e drafted as a deed %etween the landlord and the tenant. &hey should  %e called 6the lesser7 and 6the lessee7 as these are the terms used in the &ransfer of Property Act, 1889. :hile drafting a lease, following points may %e noted) 1. #enerally recitals are not necessary and material facts are mentioned in the operatie part. 9. Consideration Resered rent is mentioned in the %eginning of the $estatum% &he entire consideration, including premium, etc., should %e mentioned. 2. &perative 'art  It shows clearly the lessor diesting himself of   possession and the lessee coming into possession, e.g. %y the use of such words as 6&he lessor here%y lets, or demises or grants a lease of, etc., etc. with effect from the ..................... day of ..................7 ;.  )abendum  &he nature of the lease, commencement and duration of the &erms and conditions are mentioned in seeral paragraphs. &he usual coenants are to %e found in Section 1?8 of the &ransfer of  Property Act/ other important coenants generally refer to payment of  taxes, repairs, insurance, su%letting purpose of the lease, e.g. residential  purpose, renewal, forfeiture.

Su*-La0

A su%4lease is a demise %y a lessee for lessor term than he himself has. @ery lessee, howeer  short his term may %e, make a su%4lease unless he is refrained %y the contract of the tenancy from su%letting. If the demise is for the whole term or for a period %eyond the term, it amounts to assignment. If the lessee diests himself he %ecomes a stranger to the demised  property and he has no right to hae possession deliered up to him. It is true that a coenant against su%letting will restrain the assignment, %ut a mere coenant against su%letting does not prohi%it under letting a part of the premises. As long as the lessee remains in possession he may permit another person to use the demised premises without committing a %reach of  coenant, namely not to assign, underlet or part with the possession of the demised premises. &he Priy 0ouncil pointed out in  )unsrai . *e+oylal Seal ,, that in India a su%4lease is not an a%solute assignment and it was further held in A-s.oy /umar . A-man 0olla  2 that there is no priity of estate as %etween the lessor and the su%4lessee, who does not step into the shoes of the lessee. A su%4lease is not prejudiced %y the surrender of the head lease -Section 11< of  &ransfer of Property Act %ut the position is different in the case of forfeiture which annuls all su%4leases except in case of fraud as %etween the lessor and lessee. A su%4lessee is entitled to relief against forfeiture under Section 11; of the &ransfer of Property Act, 1889, which is applica%le only in the case of non4payment of rent. "o relief is open to the su%4lease in case of transfer of %reach of coenant in restraint of transfer.

Surr&'r o4 La00

 2 -12?