by a subsequent agreement executed by the parties to the original lease, besides
other persons who were not parties to the original lease, which does not alter
any of the terms of the original lease does not require compulsory registration,
since it does not create an interest in immovable property [See, sec. 17 (d) of
the Registration Act, 1908].
But a document which varies the amount of rent paid under an existing lease
as also the incidents of such payments, would amount to a new lease and require
registration?Bibhuti Bhusan Pal Choudhary v Smt. Maya Devi AIR 1931 Cal
172; Haldhar Pathak v Madan Mohan Singha Chowdhury 42 CWN 107: AIR 1937
Cal 499, Durga Prasad Singh v Rajendra Narain Bagchi ILR 14 Cal 493: 18 CWN
66: 19 CLJ 95 (PC).
Assignment in writing of future rents, it being a benefit to arise out of land,
needs registration?Bhudeb Chandra v Bhik Shankar AIR 1942 Pat 120; Venkaji
Babuji Naik v Shidrampa Balopa Desai ILR 19 Bom 663.
Agreement between prior and subsequent mortgagee to equally share
moneys realised does not require registration for the purpose of being given in
evidence therein?Vyaravan Chetty v Subramani Chetty 56 IC 642 (PC): ILR 43
Mad 660 : 24 CWN 1053].
FORMS
1
Apportionment of rent made between the lessees of two
separate property comprising the land under a single
lease (the landlord not being a party)
MUTUAL COVENANTS BY DECLARATION
For the purpose of apportioning the yearly rent of Rs…………. reserved by the
lease dated………….. of…………… 20…. (hereinafter called the lease) registered
etc.. (hereinafter called the first property) under Deed No. etc. and registered
as to…………. (hereinafter called the second property) under Deed No. etc. We
[first lessee] of [address, etc.] being the lessee of Deed No……… and [second
lessee] of [address, etc.] being the lessee of Deed No……… hereby for ourselves
and our respective successors in title mutually agree and declare that the said
rent of Rs……….. reserved by the lease shall as from the…………. day of………
be apportioned as follows namely: the yearly rent of Rs……….. or part thereof
shall be payable exclusively out of the first property in exoneration of the second
property and the yearly rent of Rs.. the balance of the said rent of Rs.. shall be
payable exclusively out of the second property in exoneration of the first property.
I, the said [first lessee] for myself and my successors in title hereby covenant
with the said [second lessee] and his successors in title that I or my successors
in title will at all times from the…………… day of…………… 20…… pay the
apportioned rent of Rs.. and observe and perform all the covenants, other than
Ch. 27] APPORTIONMENT?FORMS 651652 CONVEYANCING, DRAFTING & DEEDS [Ch. 27
the covenant to pay the entire rent, agreements and conditions contained in the
lease and on the part of the lessees to be observed and performed so far as
they relate to the first property and also will at all times from the date aforesaid
keep indemnified the said [second lessee] his successors in title and his and
their estates and effects from and against all proceedings, costs, claims and
expenses on account of any omission to pay the said apportioned rent of Rs…….
or any breach of any of the said covenants, agreements and conditions so far
as the same relate to the first property.
[Repeat the preceding clause substituting references to the second lessee
for references to the first lessee and vice versa and substituting references to
the second property for references to the first property.]
[AND WE the said [first lessee] and [second lessee] hereby respectively
charge the first property and the second property with all monies which shall
become payable by either the said [first lessee] or the said [second lessee] or
our respective successors in title under the aforesaid respective covenants of
indemnity in exoneration of the second property or the first property as the case
may be].
AND WE the said [first lessee] and [second lessee] give to the landlord notice
of the apportionment effected by and the provisions contained in this deed on
the above-mentioned lease.
IN WITNESS, etc.
[Signatures of all parties]
2
Equitable apportionment of rent between two purchasers of
leasehold premises held under one lease (the landlord not
being a party) with mutual covenants
THIS DEED OF APPORTIONMENT is made the……… day of……… BETWEEN
[one purchaser] of [address, etc.] (hereinafter called the first purchaser which
expression shall where the context permits include his successors in title) of the
one part and [other purchaser] of [address, etc.] (hereinafter called the second
purchaser which expression shall where the context permits include his
successors in title) of the other part.
WHEREAS :
(1) By a lease dated……… and made between [landlord] of the one part and
[lessee] of the other part the said [landlord] demised all that piece or parcel of
land [parcels] unto the said [lessee] for the term of [ninety-mine] years from
the……. day of……….. subject to the yearly rent of Rs………. payable quarterly as
therein mentioned and to certain covenants and conditions therein reserved and
contained.(2) The said [lessee] shortly after the execution of the said lease erected two
houses on the said piece of land and has since sold one of the said houses with
part of the said land to the first purchaser and the other with the residue of the
said land to the second purchaser and the same have been respectively
assigned by the said [lessee] to the first purchaser and second purchaser by
two several deeds of assignment bearing even date herewith but executed
previously hereto for all the residue of the said term of [ninety-nine] years subject
nevertheless to the payment of the yearly rent of Rs…………. (in respect of each
of the said houses being one moiety of the yearly rent of Rs………… reserved
by the said lease and also subject to the covenants and conditions therein
contained and on the tenant?s part to be observed and performed so far as the
same severally relate to each of the said houses and premises so assigned as
aforesaid.
(3) At the time of entering into the contracts for the purchase of the said two
houses it was agreed that the said yearly rent of Rs…………. reserved by the said
lease should be apportioned equally between the first purchaser and the second
purchaser and that they should respectively enter into the covenants and
agreements hereinafter contained.
NOW THIS DEED WITNESSETH and it is hereby mutually agreed as follows:
1. The first purchaser shall at all times hereafter during the residue of the said
term of [ninety-nine] years pay or cause to be paid to the person or persons for
the time being entitled to receive the said yearly rent of Rs…….. reserved by the
said lease the clear yearly rent of Rs…….. being one moiety of the said yearly
rent of Rs.. as the same shall from time to time become due and payable and
shall duly observe and perform the covenants and conditions in the said lease
contained and on the tenant?s part to be observed and performed so far as the
same relate to the house and premises so assigned to the first purchaser as
aforesaid and will at all times hereafter keep the second purchaser indemnified
against all actions and other proceedings which may be brought against him the
second purchaser by reason of non-payment of that part of the said rent of
Rs……. or non observance or non-performance of any of the said covenants or
conditions as aforesaid.
2. The said apportioned rent of Rs……… payable by the first purchaser and
any costs and expenses incurred by the second purchaser in respect thereof
or on account of any breach non-observance or non-performance by the first
purchaser of the said covenants or conditions on the tenant?s part to be observed
and performed as aforesaid shall be a charge upon the said house and premises
assigned to the first purchaser as aforesaid.
3 & 4. [Repeat clauses 1 and 2 hereof, substituting throughout second
purchaser for first purchaser, and vice versa.]
IN WITNESS, etc.
[Signatures of both parties]
Ch. 27] APPORTIONMENT?FORMS 653654 CONVEYANCING, DRAFTING & DEEDS [Ch. 27
3
Agreement between reversioner and leaseholders for appor-
tionment of rent on severance of leasehold interest
THIS DEED OF APPORTIONMENT is made the………… day of…….. BETWEEN
[reversioner] of [ address, etc.] (hereinafter called the reversioner) of the first part
[lessee of part of leaseholds] of [address, etc.] (hereinafter called the first lessee)
of the second part [lessee of further part of leaseholds] of [address, etc.]
(hereinafter called the second lessee) of the third part and [lessee of rest of
leaseholds] of [address, etc.] (hereinafter called the third lessee) of the fourth
part.
WHEREAS :
(1) By a lease (hereinafter called the lease) dated………. and made between
[lessor] of the one part and original [lessee] of the other part All that plot of land
situate in………. and also the three dwelling-houses with out-buildings and
appurtenances then lately built upon the said plot of land were demised unto
the said original lessees for the term of……….. year from the……….. day of………
at the yearly rent of Rs………. payable quarterly as therein mentioned and subject
to the covenants by the lessee and the conditions by and in the said lease
reserved and contained.
(2) The said three dwelling-houses erected on the said plot are now
respectively known as aforesaid.
(3) Under or by virtue of divers mesne assignments acts in the law and events
and ultimately of an assignment dated……… and made between [parties] the
demised premises became vested in [vendor of leaseholds] for the residue of
the term granted by the lease subject to the rent thereby reserved and the
lessee?s covenants and the conditions therein contained.
(4) The said original lessee has assigned the house and premises known
as to the first lessee and the house and premises known as…….. to the second
lessee and the house and premises known as……. to the third lessee and in each
case for all the residue unexpired of the said term of……….. years and subject
to the payment of the yearly rent of Rs……… being one equal third part of the
rent of Rs…….. reserved by the lease.
(5) The reversion in the property comprised in and demised by the lease is
now vested in the reversioner.
(6) The parties hereto of the second and third and fourth parts have requested
the reversioner formally to apportion the said yearly rent of Rs.. which he has
agreed to do in manner hereinafter appearing.
NOW THIS DEED WITNESSETH and it is hereby agreed between the several
parties hereto as follows:
1. The said yearly rent of Rs…….. reserved by the lease shall as from the…….
day of.. be apportioned as follows that is to say:-?The yearly rent of Rs……..part thereof and no more shall henceforth be payable exclusively out of and in
respect of the premises known as aforesaid as the same are described in the
assignment thereof to the first lessee dated……… The yearly rent of Rs……..
further part thereof and no more shall henceforth be payable exclusively out of
and in respect of the premises known as aforesaid as the same are described
in the assignment thereof to the second lessee dated……… And the yearly rent
of Rs…….. balance thereof and no more shall henceforth be payable exclusively
out of and in respect of the premises known as aforesaid as the same are
described in the assignment thereof to the third lessee dated……..
2. The covenant in the lease for payment of and the remedies thereunder and
by statute for recovering the said rent of Rs……… shall as from the said…….. day
of………. be apportioned and be applicable to each and every of the said three
several rents of Rs……… separately from the others and other of them instead
of to the said yearly rent of Rs……… as if such separate rents had been separately
and exclusively reserved by the said lease out of the several premises in respect
of which they are hereinbefore apportioned and so as to be applicable to the
premises out of and in respect of which each of the said yearly rents of Rs…….
is henceforth to be payable distinct from the others and other of the said
premises.
3. Nothing herein contained shall prejudicially affect any of the rights powers
or remedies which by the lease or otherwise are conferred upon the reversioner
in respect of the said yearly rent of Rs…….. reserved by the lease or the
covenants and conditions in the lease on the lessee?s part to be observed and
performed but the same rights and remedies shall continue in full force and shall
extend and apply to the apportioned parts of the said rent and the said several
parts of the premises as fully as they applied heretofore to the whole of such
rent and premises respectively in the like manner as if each of the said premises
had been demised by a separate lease at the apportioned rent with separate
covenants provisos and conditions applicable thereto exclusively in the same
terms as those contained in the said lease PROVIDED ALWAYS that non-payment
of the said apportioned rent in respect of any one of the said premises shall not
affect the others of the said premises and no breach of any covenant on any
one part of the apportioned premises shall give a right of re-entry upon any other
part of the premises comprised in the lease.
IN WITNESS etc.
[Signatures of all parties]
4
Apportionment of rent reserved on lease on severance of the
lessee?s estate, the landlord being a party
THIS DEED OF APPORTIONMENT is made the……….. day of………. BETWEEN
Ch. 27] APPORTIONMENT?FORMS 655656 CONVEYANCING, DRAFTING & DEEDS [Ch. 27
[landlord] of [address, etc.] of the first part original [lessee] of [address, etc.] of
the second part [first lessee] of [address, etc.] of the third part and [second
lessee] of [address, etc.] of the fourth part.
WHEREAS :
(1) By a lease dated……… and made between the said [landlord] of the one
part and the said original [lessee] of the other part the property described in the
first and second schedules hereto was demised by the said [landlord] unto the
said original [lessee] for the term of……….. years from the date thereof at a yearly
rent of.
(2) The said original [lessee] has agreed with the said [first lessee] for the
assignment to him of the property described in the first schedule hereto and has
likewise agreed with the said [second lessee] for the assignment to him of the
property described in the second schedule hereto subject nevertheless in each
case to the provisions of the said lease but so that the said yearly rent of……………
should be apportioned in manner hereinafter appearing.
(3) The said agreements or assignment were expressed to be conditional
upon the said [landlord] consenting to such apportionment and for the purpose
joining in this deed which the said [landlord] at the request of the said original
[lessee] has agreed to do.
NOW THIS DEED WITNESSETH and it is hereby agreed between the several
parties hereto as follows:
1. The said yearly rent of………….. reserved by the said lease shall be
apportioned in such manner that there shall be payable and issue out of the
property described in the first schedule hereto the yearly sum of………….. and
no more and out of the property described in the second schedule hereto the
yearly sum of………….. and no more during the remainder of the term of……………
years created by the said lease.
2. The apportionment hereby made shall be binding upon the said [landlord]
and his successors in title and shall operate and enure of the benefit of the said
original [lessee] his personal representatives and assigns but so that the same
shall take effect only upon completion of the said assignment and should the
same for any reason whatsoever fail to be completed before the……….. day
of……… next then the apportionment made shall be of no effect.
3. Save as aforesaid nothing herein contained shall be deemed to affect
prejudicially any of the rights, powers or remedies which by law or by the said
lease or otherwise are conferred upon the said [landlord] and his successors
in title in respect of the said yearly rent but the same rights and remedies shall
continue in full force and shall extend and apply to the parts of the said rent hereby
apportioned and the respective parts of the said property as fully as they applied
heretofore to the whole of such rent and property respectively, and the benefit
of every covenant or provision in the said lease contained and on the lessee?s
part to be observed and performed and every condition of re-entry and other
conditions therein contained shall be annexed to and incident to the respectiveparts of the said property so far as the same relate thereto and in exoneration
of the other parts of the said property to which the same do not relate.
IN WITNESS, etc.
FIRST SCHEDULE
[Description of property to be assigned to first purchaser]
SECOND SCHEDULE
[Description of property to be assigned to second purchaser]
[Signatures of all parties]
5
Equitable apportionment of rent reserved on lease, where
the reversion is sold in lots, the lessee not being a party*
THIS DEED OF APPORTIONMENT is made the…………. day of…………. BE-
TWEEN [vendor] of [address, etc.] (hereinafter called the vendor) of the first part
[[four] purchasers] of [addresses, etc.] (hereinafter together called the purchas-
ers) of the second part and [trustee] of [address, etc.] (hereinafter called the
trustee) of the third part.
WHEREAS :
(1) The vendor is seised and possessed of the premises hereinafter
described and intended to be hereby demised subject to the lease hereinafter
mentioned but otherwise free from encumbrances.
(2) By a lease (hereinafter called the existing lease) dated…….. and made
between the vendor of the one part and [lessee] (hereinafter called the lessee)
of the other part the said premises were demised by the vendor to the lessee
for the term of……….. years from the……….. day of……….. subject to the payment
of a yearly rent of Rs…….. and to the covenants on the part of the lessee and
conditions in the said lease reserved and contained.
(3) The said premises on the…………. day of………… were put up for sale by
the vendor by public auction in (4) lots subject to certain particulars and
conditions of sale which after referring to the existing lease provided that the said
rent of Rs……… should be apportioned among the purchasers of the several lots
in the manner and proportions hereinafter expressed.
(4) At the said sale the said [first purchaser] became the purchaser of lot [1]
the said [second purchaser] the purchaser of lot [2] the said [third purchaser]
the purchaser of lot [3] and the said [fourth purchaser] the purchaser of lot [4].
(5) Each of the purchasers has paid the purchase money for the lot of which
he became the purchaser as aforesaid and it is intended that immediately after
the execution of this deed the vendor shall convey each lot to the purchaser
thereof by a conveyance but for conveniently apportioning the said rent in
G : CDD (Vol. 2) ? 42
Ch. 27] APPORTIONMENT?FORMS 657658 CONVEYANCING, DRAFTING & DEEDS [Ch. 27
pursuance of the provisions of the hereinbefore mentioned conditions of sale
it has been agreed between the parties hereto that the said premises shall be
demised to the trustee for the term of years hereinafter mentioned upon the trusts
and for the purposes hereinafter contained and expressed.
NOW THIS DEED WITNESSETH that in pursuance of the said agreement and
in consideration of the premises the vendor at the request of the purchasers
hereby demises to the trustee all those [parcels as in lease] being the property
comprised in and demised by the existing lease TO HOLD the same unto the
trustee and his assigns for the term of…………. years from the…………. day
of…………. subject to and with the benefit of the existing lease upon the following
trusts:
1. From time to time as the same shall become due to receive from the lessee
or other person in occupation of the premises the yearly rent of Rs…….. reserved
by the existing lease and to give receipts for the same.
2. After retaining thereout any necessary expenses incurred in recovering
the said rent [together with a commission of…….. per cent upon the net amount
of such rent after such deductions] to divide the residue of such rent among the
purchasers in the following proportions that is to say to pay one [ fourth] part
thereof to the said [first purchaser] or his successors in title one [fourth] part
thereof to the said [second purchaser] or his successors in title one [fourth] part
thereof to the said [third purchaser] or his successors in title and the remaining
[ fourth] part to the said [fourth purchaser] or his successors in title.
3. In the event of non-payment of such rent after the same shall have become
due to exercise all legal means and powers to enforce payment thereof.
4. At the request of any of the purchasers or their successors in title so far
as regards his or their own lot or lots and upon receiving from the person or
persons making such request a satisfactory indemnity in that behalf to enforce
by all lawful means any of the covenants on the part of the lessee contained in
the existing lease.
5. To hold the nominal reversion of the said premises upon trust for the
purchasers and their successors in title in the same lots and shares as were
purchased by them respectively.
6. The purchasers covenant with the trustee that the purchasers and each
of them and their respective successors in title will keep the trustee his personal
representatives and assigns indemnified from and against all actions proceed-
ings costs and expenses necessarily or reasonably incurred by him or them in
carrying out the duties imposed upon the trustee by this deed PROVIDED ALWAYS
that as between the several purchasers and their respective successors in title
any monies payable under this covenant to the trustee his personal represen-
tatives or assigns shall ultimately be borne as follows:
(a) Where such actions proceedings costs or expenses relate to part only
of the premises the same shall be borne by the purchaser or purchasers
or his or their successors-in-title to whom such part shall belong andif more than one in proportion to their several interests in the said yearly
rent of Rs……..
(b) Where such actions proceedings costs or expenses relate to the whole
of the premises the same shall be borne by all the purchasers or their
successors-in-title in proportion to their respective interests in the said
yearly rent of Rs……..
7. The power of appointing a new trustee hereof during the continuance of
the term of years hereby created shall be vested in the persons for the time being
collectively entitled to the said rent or in the event of their being unable to agree
then in the person nominated by statute in that behalf.
IN WITNESS, etc.
[Signatures of all parties]
* See Section 73 of the Indian Trusts Act, 1882.
6
Agreement between reversioners and tenant for
apportionment of rent on severance of reversion
THIS DEED OF APPORTIONMENT is made the……………. day of………….
BETWEEN [reversioner of one part of the property] of [address, etc.] (hereinafter
called the lessor) of the first part [reversioner of the other part] of [address, etc.]
(hereinafter called the lessee of the second part and [tenant] of [address, etc.]
(hereinafter called the tenant) of third part.
WHEREAS :
(1) By a lease dated……….. and made between [parties] the premises situate
at………… which with the abuttals and boundaries are shown on the plan hereunto
annexed and thereon coloured red and blue were demised unto the said [original
lessee] for the term of………… years from the……….. day of……….. at the yearly
rent of Rs……….. and subject to the covenants by the said [original lessee] and
the conditions by and in the said lease reserved and contained.
(2) By virtue of divers mesne assignments and acts in the law and events
and ultimately of an assignment dated………. and made between [parties] the
premises demised by the said lease became and now are vested in the tenant
for the unexpired residue of the term granted by the said lease subject to the
rent thereby reserved.
(3) At the date of the conveyance next hereinafter recited the lessor was
seised in unencumbered reversion the whole of the premises thereby demised.
(4) By a conveyance dated……….. and made between [parties] the lessor
conveyed unto the original lessee (subject to the said lease so far as it affected
Ch. 27] APPORTIONMENT?FORMS 659660 CONVEYANCING, DRAFTING & DEEDS [Ch. 27
the premises thereby conveyed) such of the premises comprised in and demised
by the said original lease as are coloured red on the said plan.
(5) The parties hereto are desirous that such apportionment of the said yearly
rent of Rs……… shall be made as is hereinafter expressed.
NOW THIS DEED WITNESSETH and it is hereby agreed between the several
parties hereto that the said yearly rent of Rs……… reserved by the said lease
shall as from the………… day of………… be apportioned as follows:
The sum of Rs………. part thereof shall as from that day issue out of and be
the portion thereof payable in respect of the said premises coloured red on the
said plan and the sum of Rs…….. the balance thereof shall as from the same
day issue out of and be payable in respect of the residue of the said premises
comprised in the said lease and which are coloured blue on such plan.
IN WITNESS, etc.
[Signatures of all parties]
7
Agreement by tenant with his landlord for apportionment of
rent with a view to assignment of the leasehold in lots
THIS DEED OF APPORTIONMENT is made the………… day of……….. BETWEEN
[tenant] of [address, etc.] (hereinafter called the tenant) of the one part and
[landlord] of [address, etc.] (hereinafter called the landlord) of the other part.
WHEREAS :
(1) By a lease (hereinafter called the lease) dated…….. and made between
the landlord of the one part and the tenant of the other part in consideration of
the rent and covenants therein reserved and contained the landlord demised
unto the tenant the several pieces of land therein described for the term of ninety-
nine years from the date thereof at the yearly rent of Rs……..
(2) The tenant has built on the lands demised by the said lease.. houses short
particulars whereof are set forth in the schedule hereto.
(3) The landlord contemplates assignment of the leasehold property in
several lots and desires to apportion the said yearly rent among the said houses
in manner hereinafter appearing and the tenant consented thereto.
NOW THIS DEED WITNESSETH and it is hereby mutually agreed that the said
rent of Rs…….. reserved by the lease shall be apportioned as follows: Rs……..
part thereof shall henceforth issue and be payable exclusively out of so much
of the property demised by the lease as is shortly described in the first part of
the schedule hereto Rs……… further part thereof shall henceforth issue and be
payable exclusively out of so much of the said property as is shortly described
in the second part of the said schedule and Rs…….. residue thereof shallhenceforth issue and be payable exclusively out of so much of the said property
as is shortly described in the third part of the said schedule.
IN WITNESS, etc.
SCHEDULE
PART I
[Property out of which first apportioned rent is to issue]
PART II
[Property out of which second apportioned rent is to issue]
PART III
[Property out of which residue of original rent is to issue]
[Signatures and seals of both parties]
Ch. 27] APPORTIONMENT?FORMS 661