Jharkhand - Surrender or Cancel a Lease

Advertisement

Procedure

Apply In-Person:

1. Applicants in order to surrender a Lease Deed in Jharkhand shall visit the nearest sub-registrar office in their location. For more information, follow the Link
2. Draft a written application in the prescribed format by providing the necessary information and appropriate stamp duty.
3. Mention about the area leased, description, place of residence, names of the tenant and the owner, date of lease agreement registration, the clause of Notice described in the Lease Agreement.
4. Attest the documents with your signature. Find the list of documents in the "Required Documents" section below.
5. The lessee must sign the cancellation deed which the lessor can present for surrender in the office of the sub-registrar either in person or through his agent.
6. The Lease Deed will then be dated, signed, following a professional format and be jointly terminated by both parties.

NOTE:

• In the case of NRI landlords, a legal representative may apply on behalf.
• Deeds of surrender are used in circumstances where lessor and lessee have mutually fulfilled their fiduciary obligations.
• A lease agreement also gets cancelled automatically after the term period is over.

Apply Through Court:

1. In a matter of dispute, only those with a lease deed may approach the court of law to resolve the matter.
2. You may visit the district court and register notice for surrendering a lease through a registered lawyer.
3. Mention the address leased, date of the Lease Agreement, names of the tenant and the landlord and the particular paragraph number of the lease agreement infringed.
4. Attest it with your signature.
5. The notice is to be duly signed by a registered lawyer as well.
6. A copy of the notice will be retained by the lawyer.
7. On receiving the eviction notice, the breaching party (lessee) will have to reply to it to clear their stand.
8. If the tenant denies the violation of the Lease Agreement and declines to reply, then the landlord can sue before the Court.

NOTE:
The applicant can apply through the court only if the Lease deed is registered and preferably notarized.

Advertisement

Required Documents

Following documents may be required to cancel a lease deed:

• A Stamp Duty
• PAN Card
• Govt. ID proofs of Lessee and Lessor (Aadhar Card)
• Two passport-sized photographs
• Cancellation form
• Dues certificate
• NOC
• Sale deed, if any
• Pattadar Passbook, if any

Office Locations & Contacts

REGISTRY OFFICE RANCHI
Deputy Para,
Ahirtoli,
Ranchi,
Jharkhand 834001
Phone: 0651 2446066.
Email: [email protected]
Contact: Link
One may find the list of district wise contacts to approach and apply through the given links
Link1
Link2
Link3
Link4
Link5
Link6
Link7
Link8
Link9

Eligibility

• Both the tenant and the landlord who want to surrender a lease agreement are eligible to apply.
• The applicant with a written, signed and registered lease deed with stamp duty

Fees

• Stamp Duty for surrendering a lease in Jharkhand: Rs. 15.75/-

Validity

• The tenure of a lease agreement is decided by the lessee and the lessor upon a certain agreed amount.
• A person may lease the property as per his/her needed period. For example: Starts from 11 months, below 30 years or up to 99 years or more than 99 years, depending on the requirement of the lessee.
• This agreement shall come to termination automatically on the completion of the terms.

Documents to Use

Please attach documents that can be used by people. e.g. links

Sample Documents

Please attach sample completed documents that would help other people.

Processing Time

Please explain the processing time taken in obtaining the document/certificate.

Related Videos

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external 
websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, Viddler, Vimeo, Youku, youtube width = 560, height = 340, Video ID = Can be obtained from the URL of 
the webpage where the video is displayed.
e.g In the following URL 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

Instructions

• Both the parties have to be present in person at the time of surrendering a lease.
• A lease agreement can be cancelled either by the landlord or by the tenant or by both, as per the need.

Required Information

• Name of the landlord and the tenant as is in the deed.
• Survey Number
• Schedule of the property
• Tenement
• Area of land leased, measurement in sq. ft.
• The starting and ending date of the lease period expressed in months or years.
• Declaration
• Date
• Signed by both the parties.
• Date of the Lease Agreement.
• Property valuation.

Need for the Document

• A written and registered lease deed agreement is required in order to repossess the property. Without proper documentation, the matter will be a private affair between the lessor and the lessee.

Information which might help

• A lease is a transfer of right that enables a lessee (tenant) to enjoy rights over the property of the lessor (landlord) for a certain period, in consideration of an assured or paid amount.
• A lease agreement is drafted in case the tenant wants to stay in possession for more than eleven months.
• A surrender of the lease is a document that provides that the tenant is no longer interested in holding the property and the landlord can repossess the surrender.
• As a landlord, one must furnish 90 days written notice period to the tenant to vacate the property.
• As a tenant, one must provide at least one month written notice before giving up possession of the premises.
• If the lessee vacates the property before lease period expiry, then (s)he will have to pay a penalty of two to six months rent deposit to the landlord or whatsoever be the additional charges demanded.

Other uses of the Document/Certificate

Please explain what are other uses for obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.

External Links

Place some external links which might help.

Others

Conditions for cancellation of a lease by either tenant or landlord:

• If the lessee declines to pay the agreed lease rent or pay less than the decided amount then the lessor may send a legal notice through an advocate
• If the lessee fails to adhere to responsibilities imposed by law.
• If the lessee has to bear additional charges for water, electricity, maintenance.
• If the landlord abruptly raises the lease amount.
• If the condition of the house is not welcomed by the lessee and they have to face issues such as leakage, seepage, bad odour in the neighbour, malfunctioned.
• If the tenant is an army officer or is transferred to another location.
• Disputes with landlord or neighbours.
• If the tenant does not feel safe enough or provoked/threatened by a neighbour or anyone.
• If the lessee is indulged in any criminal activity.
• As per the Tenancy Act 2019, a lessee refusing to vacate the property after the lease term expiry or after mutual termination shall be penalised.