Unveiling Lease Transactions: Addressing Ambiguities And Recommendations Under Topa 1882

Debashri Chowdhury, Unitedworld School of Law, Karnavati University

ABSTRACT

This paper delves into the legal and regulatory landscape of lease transactions in India, particularly focussing the Transfer of Property Act, 1882. It focuses on the challenges faced because of the outdated provisions and ambiguities within the act. The paper further identifies three important areas of concern which are namely the absence of provisions for digital platforms, unclear responsibilities regarding maintenance, and limitations on duration of lease. Additionally, it explains difficulties that are involved in enforcing lease terms, encompassing lengthy eviction processes and unequal bargaining power. This paper has adopted doctrinal and secondary doctrinal research methodology to analyze the gaps in the current legal framework. With an intent to address these issues, the paper provides recommendations for modernization of TOPA.

Keywords: Lease transactions, Transfer of Property Act, 1882, Legal ambiguities, TOPA 1882 challenges, Modernization of laws