Transfer of Property Act Section 106 — Duration of certain leases in absence of written contract or local usage
CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY
General
Summary
If there is no written agreement or local custom that says otherwise, a lease of land or property used for farming or manufacturing is treated as a yearly lease that either side can end by giving six months’ notice. A lease for any other purpose is treated as a monthly lease that either side can end by giving fifteen days’ notice. The notice period starts counting from the day the notice is actually received. A notice is not considered invalid just because it gives less time than the required period, as long as a court case or legal action is started after the time stated in the notice has passed. The notice must be in writing, signed by the person giving it, and delivered by post, handed personally to the other party or someone at their home, or if that is not possible, posted on a visible part of the property.
Official Text
(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days’ notice.
(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.
(3) A notice under sub-section (1) shall not be deemed to be invalid merely 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.
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]