A lease of immoveable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a

All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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34.

A lease of immoveable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a

A: Oral agreement

B: Written agreement

C: Partition

D: Registered instrument

The answer is: D

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Explanation

The correct option is D: Registered instrument.

A registered instrument is a document that is duly executed and registered under the Registration Act, 1908. According to Section 107 of the Transfer of Property Act, 1882, 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.

All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession. This means that a lease for a long term or with a yearly rent must be in writing and registered, otherwise it will not be valid. A lease for a short term or without a yearly rent can be made orally or in writing, as long as the lessee gets the possession of the property. This provision is intended to prevent fraud and disputes in the case of long-term leases.