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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.
Why Legato?
Connect with a Legal Expert easily Legato is your one stop destination with everything related to legal. It empowers you with access to a network of verified lawyers providing their services at all costs. Moreover, our dedicated Case Follow-Up Manager will assist and update you with the progress.
Verified lawyer network Our network for 1000+ verified lawyers will not only assist you with your case but update you and advise you with things to do & not to do.
Quick results Once, the legal expert is finalized, you are ready for quick action related to your work. Majority of the lawyers will share a time estimate of what to expect moving forward.
You need to select one of the Lawyers considering your case category and profile of the Lawyers. Once you are sure with the Lawyer, you need to select call option given in the profile page of the Lawyer, in the website as well as in the mobile app. After selecting the call option,the time slot needs to be selected, and payment needs to be made for confirmation of the call consultation. At the selected time our system shall connect you and Lawyer We have half an hour time slots placed for every call consultation and after said time slot selected call shall automatically get disconnected.
Kindly make sure that you keep all information and documents about the matter handy before the time of call so that to avoid any delays.
In an event where you miss the call at the selected time, our system shall dial-in the call again after 5 minutes as a second attempt. In case of failure of the second attempt,the system shall try after another 5 minutes as a third attempt.
After the failure of the third attempt, you need to contact our support team (contact details shared on the website) so that they can talk to respective Lawyer, and reschedule the time of the call.
In such an event you can contact our support team (contact details shared on the website), and they shall be assisting you as quickly as possible in completing your call.
Yes, they are diligently verified. For your ease, we have mentioned their bar council number as well so that their identity can be checked from Indian Bar Council.
Definitely yes. We are using high-end technology and SSL certificates to secure data. In addition to this,we are using AWS secured cloud storage together with 256-bit encryption. Further, we are using Paytm as our payment gateway, which is highly secured as per legal standards.
We are using high-end technology and SSL certificates to secure data. In addition to this,we are using AWS secured cloud storage together with 256-bit encryption.
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