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Duty of Lessee to Disclose

A rough research proposal submitted in partial fulfilment of the course Property Law,
Semester III during the Academic Year 2017 18.

Submitted by

Sonu Shubham, 1651


Submitted to

Dr. P. K. V. Sita Rama Rao

September 2017

Chanakya National Law University

Nyaya Nagar, Mithapur

800001, Patna
Introduction :

In India the party who takes the property for his use and occupation for prescribed time executes a
lease deed. Property can be defined as something tangible or intangible to which its owner has legal
title. Lease therefore can be of a movable or an immovable property. Lease is specie of transfer of
immovable property under the Transfer of Property Act 1882. In Lease, we intend to deal with the
immoveable property.

The transferor of property is called the lessor and the person to whom it is transferred is referred as a
lessee, and the consideration so rendered is called rent. Both the lessor and lessee have some rights
and duties entrusted in them by Transfer of Property act to safeguard their interests. One of those
right which the researcher will be dealing in this study is of the lessor. The lessor is bound to disclose
to the lessee any material defect in the property, with reference to its intended use, of which the
former is and the latter is not aware, and which the latter could not with ordinary care discover.

Objective of the Study :

The researcher has undertaked this research to find out what are the liabilities of the lessee to
disclose and what are the complications of not disclosing it.

Hypothesis :

The researcher assumes that this duty given by the Transfer of Property Act is a right against the
lessor which safe guards his interest in the property.

Research Methodology :

The researcher would like to follow doctrinal method for this research. The researcher will gather
data from both the primary and secondary sources.

Sources of Data :

Primary sources Secondary sources

Legislative provisions Books

Case laws Newspapers


Scope of the Study :

The research will provide a stepping stone for further research. It will also be useful to the society as
the readers will come to know that how the provision is being used today, sometimes to protect and
sometimes to harass.

Tentative Chapterisation

1. Lease Transfer
2. Duty of Lesse to Disclose
3. Duty of Lessee to Disclose: A CRITICAL ANALYSIS
4. Major findings
5. Conclusion
6. Suggestions
7. Bibliography