Section 106 of the Transfer of Property Act, 1882, states the duration of certain leases in the absence of local usage or written contract. A lease of immovable property shall be deemed on a lease terminable, on the part of either lessor or lessee, by giving a notice of six months. Moreover, the lease of immovable property for any other purpose shall also be deemed to be a lease every month which could be terminable, on the part of lessor or lessee, by giving fifteen days’ notice.
The period mentioned shall commence from the date of receipt of the notice. A notice shall not be deemed to be invalid because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.
Every notice must be in written form and signed by or on behalf of the person giving it. It can be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party.
In the absence of that party, the notice can be given to one of his family members or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.
CONTENT
Name and Address
The notice under section 106 of the transfer of property Act should mention the name and address of both the parties.
Details of property
The notice should include the detailed information of the property where the tenant is permitted by the landlord to use the property
Monthly rent
The notice must mention the monthly rent agreed between the landlord and the tenant.
Clause to vacate the property
The clause to vacate the property should be mentioned in the notice, including the penalty charges if the tenant fails to do so.
Possession of the property
The notice must contain the clause of giving the peaceful possession of the property to the owner.
Delivery of Notice
Notice can be printed on a plain white paper and signed by the owner. It is advisable to send the document through registered post. It can be hand delivered or sent through email. When the notice is hand-delivered or sent through email, it is essential to obtain a receipt of acknowledgement.
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