landlord/tenant
What are the legal requirements for notice served under Section 106 of the Transfer of Property Act?
I have filed a suit for vacation of my rented property. The tenant has challenge the validity of the notice I served him under Section 106 of the Transfer of Property Act. What is the legal requirement for such a notice ?
By  Anonymous  |  10 Dec 2016  |  Upvotes: 0  | 

1 Answer(s)

Vishal Kumar Thakur
Advocate

Section 106 requires that a lease from month to month is terminable on the part of either the lessor or the lessee by serving 15 days notice expiring with the end of a month of the tenancy. A legal termination of the monthly tenancy thus requires two conditions to be fulfilled viz. That there must be a notice terminating the tenancy giving 15 days notice and it must be expired with the end of the tenancy month. A notice giving mere 15 days time by itself will not answer the requirement of section 106 but it must also indicate that the 15 days period must expire with the end of the tenancy month.

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