AADHARAM · PRACTICAL GUIDE
Lease Deed Handbook
A practical guide to understanding the parties, rent, lease period, property schedule, conditions and execution structure commonly considered when preparing a Lease Deed.
Lease Deed
Practical Handbook
Educational Purpose Only
This handbook explains the structure of the supplied Lease Deed Lease Deed. It is educational information and is not a substitute for legal advice, professional drafting or checking the current requirements of the concerned authority.
Introduction
About the Lease Deed
The supplied reference document is titled “LEASE DEED” and provides a Lease Deed structure for leasing a building or premises from a lessor to a lessee.
The Lease Deed begins with the parties and their identification particulars, explains the source of the lessor's title to the building, then sets out the lease conditions, property schedule, execution and witness details.
This handbook follows that supplied structure and explains what information should be collected before preparing the document.
Lease Deed Structure
This handbook presents an independent practical guide to the preparation of a Lease Deed.
Lessor and Lessee
The Lease Deed identifies two parties: the first party is the lessor and the second party is the lessee. Their particulars are recorded before the operative lease conditions.
First Party — Lessor
The person who lets the building or premises to the lessee under the Lease Deed.
Second Party — Lessee
The person who takes the building or premises on lease under the Lease Deed.
Party Information
Presentant and Identity Details
The first page of the Lease Deed contains photograph, thumb impression and presentant information and then records personal, residential and identity particulars for both parties.
Practical point
The particulars should be checked carefully against the relevant identity and address records before the document is executed.
Source of Title
Title and Source of the Building
The Lease Deed states that the building is obtained by the first party through a sale deed and records the registration particulars of that earlier deed.
Check the source document
The supplied the Lease Deed refers to a previous Sale Deed and its registration particulars. Those details should be verified before preparation.
Core Commercial Terms
Lease Period and Rent
Clause 1 of the supplied the Lease Deed provides for the building to be let to the lessee for a specified number of months at a specified monthly rent. It also states that rent is payable to the lessor on the first day of each month and that the lessor should acknowledge receipt.
Lease Period
The Lease Deed contains a blank field for the number of months.
Monthly Rent
The Lease Deed contains a field for the monthly rent amount.
Payment Date
The Lease Deed states that rent is payable on the first day of each month.
AadharaM preparation note
The actual lease period and rent should be entered for the particular transaction. The supplied the document itself leaves these fields blank.
Taxes, Maintenance and Alterations
Rates and Taxes
The Lease Deed states that rent, rates and taxes payable to authorities during the lease period will be paid by the lessee.
Maintenance
The lessee agrees to maintain and keep the building in good condition without causing wear and tear or damage.
Alterations
Alterations, erections or installations require one month's prior notice to the lessor and the lessor's permission under the Lease Deed.
Path and Well
The Lease Deed states that the lessee should keep the path to the building and the well neatly cleared annually.
Default and Exit
Breach, Default and Termination
The supplied the Lease Deed contains provisions dealing with breach, unpaid arrears and termination by either party.
Breach
The deed may provide consequences for material breach, subject to the agreed terms and applicable law.
Arrears
The deed may specify how rent arrears are treated and what consequences follow from prolonged non-payment.
Notice
The parties may agree on an advance notice period for termination, subject to the applicable law and the terms of the lease.
Do not leave the notice period unclear
The supplied the Lease Deed contains a blank field for the advance notice period. The period applicable to the particular transaction must be supplied rather than assumed.
Reference in the Lease Deed
Section 108 of the Transfer of Property Act
What the Lease Deed says
Clause 7 of the supplied Lease Deed the Lease Deed states that each party has rights vested by Section 108 of the Transfer of Property Act, 1882 and that both parties agree to the same.
This handbook records the reference made in the Lease Deed. The legal application of statutory provisions can depend on the nature and terms of the particular lease and the facts of the transaction.
Sub-letting and Purpose of Use
No Sub-letting / Assignment
Clause 9 states that the lessee should not sub-let, transfer, assign or part with possession of the demised premises or any part of it.
Purpose of Use
Clause 10 contains a field for the purpose for which the lessee will use the leased building or premises.
Schedule
Property and Building Schedule
The supplied the Lease Deed contains a detailed “Schedule of Property with Building”. The information should identify both the land and the building covered by the lease.
Description and Boundaries
The Lease Deed contains a separate description of the property and building followed by the four boundaries.
Completion
Execution and Witnesses
The final part of the Lease Deed records agreement to the Lease Deed and its conditions, followed by signatures and witnesses.
Lessor
Signature and name of the lessor.
Lessee
Signature and name of the lessee.
Witness 1
First witness particulars and signature.
Witness 2
Second witness particulars and signature.
Prepared By
The document may include preparation details identifying the person who prepared it.
Note of Corrections
The document may include a section for recording corrections or other preparation notes.
Practical Preparation
Lease Deed Checklist
Use this checklist to organize the information in the supplied model before preparing the Lease Deed.
Identify the lessor and lessee correctly.
Collect the personal and residential particulars of both parties.
Collect identity proof particulars required for the transaction.
Verify the document from which the lessor obtained the building or property.
Record the previous deed number, year and Sub Registrar Office.
Check the Book I, volume and page particulars referred to in the Lease Deed.
Confirm the lease period.
Confirm the monthly rent and agreed payment arrangement.
Clarify responsibility for rent, rates and taxes during the lease period.
Clarify maintenance obligations and permitted alterations or installations.
Review the breach and arrears provisions.
Confirm the notice period for termination.
Review the reference to Section 108 of the Transfer of Property Act, 1882.
Confirm restrictions on sub-letting, transfer or assignment.
State the intended purpose for which the premises will be used.
Complete the property and building schedule.
Verify all four boundaries.
Complete signatures of the lessor, lessee and witnesses.
Complete preparation and correction details.
Check applicable stamp duty, registration fee and supporting requirements before presentation.
Kerala Registration Department
Registration Preparation
The Kerala Registration Department currently provides document-template models and a Document Registration Standard Operating Procedure. Its SOP describes preparation of a deed using either professional assistance or a Lease Deed deed modified for the particular transaction, followed by execution and the registration workflow.
Prepare the Deed
The registration guidance describes preparation of the deed on the appropriate stamp paper and compliance with the applicable procedural requirements.
Signatures and Witnesses
The SOP describes signing by the parties and witnesses and affixing photographs and thumb impressions as applicable.
Portal / Token Process
The SOP describes user registration, portal login and selection of a new token as part of the registration workflow.
Document Details
The SOP describes entering presentation, executant, claimant, title deed, property, stamp-paper and witness details as applicable.
Check current requirements before registration
Stamp duty, registration fee, supporting documents, forms and procedural requirements can depend on the nature and value of the transaction and may change. Verify the current requirements with the Kerala Registration Department or a qualified professional before presentation.
Review Before Execution
Common Mistakes to Avoid
Incorrect Party Details
Names, addresses, age, occupation and identity particulars should be checked against the relevant records before execution.
Incomplete Previous Deed Details
The supplied the Lease Deed refers to the earlier deed through document number, year, SRO, Book I, pages and volume.
Unclear Lease Period or Rent
The Lease Deed contains specific fields for the lease period and monthly rent. These should not be left ambiguous.
Incomplete Property Schedule
Survey particulars, extent, tenure, thandapper details, property description and boundaries form an important part of the schedule.
Ignoring Default and Notice Terms
The Lease Deed contains provisions dealing with breach, arrears and advance notice for termination.
Adding Unsupported Clauses
A handbook based on a particular model should not imply that every possible lease clause is present in that model.
Questions and Answers
Frequently Asked Questions
01Who are the parties in the Lease Deed?
The Lease Deed identifies the first party as the lessor and the second party as the lessee.
02What lease period is provided in the Lease Deed?
The Lease Deed contains a blank field for the number of months of the lease. The actual period must be supplied for the particular transaction.
03How is rent described in the Lease Deed?
The Lease Deed provides for a monthly rent and states that rent is payable to the lessor on the first day of each month, with acknowledgment of receipt.
04Who pays rates and taxes during the lease period according to the Lease Deed?
The Lease Deed states that rent, rates and taxes payable to the authorities during the lease period will be paid by the lessee.
05Can the lessee alter the leased building?
The Lease Deed states that alterations, erections or installations may be made only with one month's prior notice to the lessor and with the lessor's permission.
06Can the lessee sub-let or assign the premises?
The Lease Deed states that the lessee should not sub-let, transfer, assign or part with possession of the demised premises or any part of it.
07What purpose should be stated for the leased premises?
The Lease Deed contains a field for the purpose for which the lessee will use the leased building or premises. The particular purpose must be supplied for the transaction.
08Does the Lease Deed contain a property schedule?
Yes. It contains a detailed schedule covering land and building particulars, survey information, extent, tenure, thandapper details, description and boundaries.
09Does the Lease Deed refer to Section 108 of the Transfer of Property Act?
Yes. Clause 7 of the supplied the Lease Deed refers to rights vested in the parties by Section 108 of the Transfer of Property Act, 1882.
10Who signs a Lease Deed?
The Lease Deed provides for the lessor and lessee to sign, in the presence of two witnesses. It also contains fields for preparation and notes of corrections.
Official Information
Resources and Disclaimer
Kerala Registration Department
Document Registration, template models, process flow and registration help.
Kerala Registration Portal
Registration portal and current registration-related information.
Disclaimer
This handbook is an educational guide based on the Lease Deed reference the AadharaM Lease Deed and publicly available registration information. It is not legal advice and does not guarantee that a document will be accepted for registration. The particular facts, transaction terms, applicable law, stamp duty, registration fee and current departmental requirements should be checked before execution and presentation.
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