The 'Lease is Not a Lease' Conundrum

property bar_exam intermediate concept_confusion

I'm having a brain meltdown with Section 105 of the Transfer of Property Act. It states that a lease in India is a type of transfer of an interest in land, but then it goes on to say that such transfer is not by way of a lease. Woh kya baat hai? Is it just a case of legislative schizophrenia? The explanation of lease as 'a transfer of a right to use or occupy immovable property' is clear, but then comes the kicker - 'the transfer, notwithstanding that it purports to be a lease, is not a lease within the meaning of this Chapter'. What's the diff, then? Is Section 105 trying to drive a wedge between lease and rent agreements? Someone please clarify, because I'm stuck!

0 comments

0 Comments

Sign in to join the discussion.