Lease defined
Section 105 of the Transfer of Property Act, 1882 deals with lease defined. A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified The Act came into force on 01 Jul 1882.
A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Lessor, lessee, premium and rent defined.-- The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.
Section 105, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Residents Welfare Association, Noida vs State of U. P
Court's Decision & Legal Precedent
When immovable property held on lease is transferred by assignment of leasehold rights, Article 63 of Schedule 1-B of the Indian Stamp Act applies, requiring stamp duty to be calculated on the consideration stated in the deed, not on the market value of the property. Section 47-A, which permits reference to the Collector for determining market value in cases of undervaluation, is inapplicable to lease assignments as it presupposes an outright conveyance under Article 23. The relevant date for determining the consideration is the date of the agreement to transfer when consideration was frozen, not the date of presentation of documents for registration, provided the delay in execution is caused by the lessor's failure and the transferee is not at fault. Buildings attached to leasehold land that are governed by the covenants of the lease deed and subject to the lessor's right of reversion form part of the leasehold assignment and cannot be treated as separate subject matter of absolute sale.
On this section: Used to establish legal meaning of lease as creation of partial rights with right of reversion in lessor
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Chapter V of the Transfer of Property Act deals with the leases of Immovable property. This chapter consists of Section 105 to 117. 12. A lease of an immovable property is a contract between the lessor and the lessee. Their rights are governed by Sections 105 to 117 of Transfer of Property Act read with the respective Rent Control laws. 13. Lease has been defined under Section 105 of the TP Act which reads this:- > Section 105. A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in …
Questions about Section 105
What have the courts held on Section 105 of the Transfer of Property Act?
Residents Welfare Association, Noida vs State of U. P (15 Apr 2009) is the leading judgment on this section among those set out below: Used to establish legal meaning of lease as creation of partial rights with right of reversion in lessor.
How do I find court cases under Section 105 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 105, section 105 TP Act, section 105 of the Transfer of Property Act. People searching for it also type 105 tpa act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Residents Welfare Association, Noida vs State of U. P (15 Apr 2009).
When did Section 105 of the Transfer of Property Act come into force?
Section 105 of the Transfer of Property Act, commonly called lease, and cited as TP Act 105, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.