DEED OF LEASE FOR LIFE TIME OF THE LESSEE
This deed of lease made at………this……day of…20…….. between Mr……hereinafter referred to as the Lessor of the One Part and Smt…………..hereinafter referred to as the Lessee of the Other Part
(1) The Lessor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the land and premises situate at………………and more particularly described in the Schedule hereunder written;
(2) The said land and premises consist of a piece of land admeasuring about………….sq. Metres with a three storied building thereon consisting of several tenements which are let out to different tenants by the Lessor. The said building is yielding substantial amount by way of rent from such tenants;
(3) The Lessee is a widow of the Lessor's deceased brother who died childless some years back .The Lessee has no source of income of her own or of her husband. The Lessee has requested the Lessor to create some source of income for her living.
(4) The Lessee therefore proposes to make a provision for the maintenance of the Lessee during her life time though in law he is not bound to do so but he proposes to do so out of his respects for his deceased brother.
NOW THIS DEED W1TNESSETII AS FOLLOWS:
(1) In pursuance of the said desire of the Lessor and in consideration of the rent hereby reserved and of the terms and conditions convenants and agreements herein contained and on the part of the Lessee to be observed and performed the Lessor doth hereby demise unto the Lessee all that piece of land situate at……….together with the building and structures thereon and more particularly described in the Schedule hereunder (hereinafter referred to as the demised premises) To HAVE and TO HOLD the same unto the Lessee for and during the period of her life and until her death commencing from the date hereof but subject to the earlier determination thereof as hereinafter provided and yielding and paying therefor during the said term the monthly rent of Rs…….. free and clear of all deductions and strictly in advance on or before the 10th day of each month, the first of such monthly rent to be paid on or before the 10th of the month following the date of these presents and the subsequent rent to be paid on or before the 10th day of each and every succeeding month regularly.
(2) As the Lessee hereby for herself and to the intent that the obligations herein contained shall continue throughout the term hereby created convenants with the Lessor as follows
(a) To pay the rent hereby reserved on the days and in the manner aforesaid clear of all deduction.
(b) The rent shall be paid by cash or cheque to be handed over to the Lessor or any member of his family at his residence.
(c) To bear and pay and discharge the existing and future rates, taxed and other burdens whatsoever which may at any time or from time to time during the term hereby created be imposed or charged upon the demised premises and payable either by the owners occupiers or tenants thereof and to keep the Lessor and his estate and effects indemnified against all such payments. At the present the total liability byway of such public dues is about Rs…………..per year.
(d) To keep the building and structures on the demised land in good and tenantable repairs in the same way as the Lessor would be liable to do under the law as the owner of the demised premises. The Lessee however will not carry out structural repairs to the existing building or structures or to demolish the same or any part thereof.
(e) The Lessee not be entitled to assign the said lease or transfer the demised premises or any part thereof, either by sale, mortgage, gift exchange or otherwise nor to sublease the same or any part thereof except by way of creating monthly tenancy.
(f) not to dispose off or sell any earth, gravel or sand from the demised premises and not to excavate the same except so far as may be necessary to carry out work of repairs.
(3) AND the Lessor doth hereby covenant with the Lessee that
(a) The lessor has in himself good right, full power and absolute authority to demise unto the Lessee the demised premises in the manner herein appearing;
(b) On the Lessee paying the monthly rent on the due dates thereof and in the manner aforesaid and observing and performing the covenants, conditions and stipulations herein contained and on her part to be observed and performed shall and may peacefully and quietly hold, possess and enjoy the demised premises during the term hereby created without any interruption, disturbance claim or demand whatsoever by the Lessor or any person or persons lawfully or equitably claim by from under or interest for him.
(4) It is hereby agreed and declared that these Presents are granted on the express condition that if the said monthly rent or any part thereof payable in the manner aforesaid shall be in arrears for the period of three months or more after the same shall have become due and payable, whether the same shall have been demanded or not or if any of the convenants terms and conditions herein contained and on the part of the Lessee to be observed and performed shall not be observed and performed by the Lessee, then and on the happening of any such event it shall be lawful for the Lessor or any person claiming under him or any person authorised by him, to enter upon the demised premises or any part thereof in the name of the whole and the same to have possess, occupy and enjoy the same and thereupon this demise shall absolutely determine but without prejudice to the right of the lessor in respect of the breach of any of the convenants and stipulations herein contained provided that no entry shall be made as aforesaid unless and until the Lessor or such other person as aforesaid shall have given notice in writing to the Lessee specifying the breach and the Lessee shall have failed to remedy the breach within one month from the receipt of such notice.
(5) And it is hereby agreed and declared by and between the Parties that
(i) That in any event and not withstanding anything hereinbefore contained this demise hereby created shall cease to have any effect on the death of the Lessee and in such event the demised premises shall revert to the Lessor or any person or persons claiming under him.
(ii) The Lessee shall be entitled to recover the rent from the tenants/ occupiers of the said building and in the event of default in payment of rent by any tenant or occupant or in the event of any tenant committing breach of any terms of the tenancy, to take legal action against him to recover the arrears of rent and/or evict him from the premises occupied by him.
(iii) The Lessee will be entitled to let out but only on monthly tenancy, any premises or tenement which falls vacant to such person as she thinks fit and at such rent and on the terms as she may desire.
(iv) In addition to payment of public dues in respect of the demised premises all other outgoings including expenses for maintenance of the building shall be paid by the Lessee
(v) The Lessee shall not put up any additional construction work on the demised premises.
IN WITNESS WHEREOF THE LESSOR AND THE LESSEE HAVE PUT THEIR RESPECTIVE HANDS THE DAY AND YEAR FIRST HEREIN ABOVE WRITTEN
THE SCHEDULE ABOVE REFERRED TO
Signed by the within-named Lessor
Mr………in the presence of
Signed by the within-named Lessee
Smt……..in the presence of