How to Draft a Notice to Quit Under Section 106 of the Transfer of Property Act

By LegalInk Editorial · 2026-07-13

How to Draft a Notice to Quit Under Section 106 of the Transfer of Property Act

A notice to quit under Section 106 of the Transfer of Property Act 1882 terminates a lease where the parties have not fixed the duration or mode of termination by contract. For a month-to-month tenancy, the notice period is fifteen days, expiring with the end of the tenancy month. For a year-to-year agricultural or manufacturing tenancy, it is six months, expiring with the end of the tenancy year.

The single most common reason eviction suits fail at the threshold is a defective notice — wrong period, wrong service, or an expiry date left to inference. This guide covers the statutory framework, the mandatory contents, and the drafting choices that decide whether your notice survives a preliminary objection.

The Statutory Foundation: Sections 105 and 106

What Section 105 establishes

Section 105 defines a lease of immovable property as a transfer of a right to enjoy the property for a certain time, in consideration of a price paid or promised, or of money, a share of crops, service, or any other thing of value. This matters because a Section 106 notice can only terminate a relationship that qualifies as a lease. Licence and leave-and-licence arrangements are governed differently and do not attract the Section 106 regime.

What Section 106 prescribes

Section 106 operates only in the absence of a contract or local law to the contrary. It supplies the implied duration and termination terms for two categories:

• Agricultural or manufacturing leases: deemed year-to-year; terminable by six months' notice expiring with the end of a year of the tenancy.
• All other leases (residential, commercial): deemed month-to-month; terminable by fifteen days' notice expiring with the end of a month of the tenancy.

A "month of the tenancy" is not a calendar month. It runs from the date the tenancy commenced. If the tenancy began on the 7th, each tenancy month ends on the 6th. A fifteen-day notice served on the 28th of one month must therefore expire no earlier than the 6th of the following month — a computation advocates routinely get wrong.

Mandatory Contents of a Valid Notice

A notice to quit is a statutory act, not a demand letter, and it produces legal consequences on proper service. Substantial compliance is required on the following points.

Identity of the parties

Name the lessor and lessee precisely as they appear in the lease deed or rent agreement. Where the lessor is a company, HUF, or partnership, identify the authorised signatory and state or attach the authority to issue the notice.

Description of the premises

Describe the demised premises with sufficient particularity — survey number, door number, floor, or such other identifier as appears in the lease. Vague descriptions invite disputes about which premises are covered.

The tenancy relationship

State the nature of the tenancy (month-to-month or year-to-year) and the commencement date. This anchors the calculation of the tenancy month or year and shows the notice falls within Section 106.

The notice period and expiry date

State explicitly that the lessee must deliver up vacant possession on or before the last day of the current tenancy month or year, and compute that date. Do not leave it to inference. A notice that says "within fifteen days" without tying expiry to the end of a tenancy month does not comply with Section 106.

The ground, where applicable

Section 106 itself requires no ground — a landlord terminating a month-to-month tenancy need not give reasons. But if the eviction suit will rely on a ground under a State Rent Control Act, the notice must align with that ground to avoid a later inconsistency. Check whether the relevant State's rent control legislation displaces Section 106 before issuing.

Service of the Notice

Prescribed modes

The notice must be in writing, signed by or on behalf of the person giving it, and either delivered personally to the other party or sent by post to the party's address within the property or the last known address. Actual receipt is not always required — proper dispatch by registered post to the correct address generally suffices.

Evidentiary best practice

Send the notice by registered post with acknowledgement due and simultaneously by speed post. Retain the postal receipt and track the consignment. Where personal service is attempted, have the process server prepare an endorsement. The date of service governs the running of the fifteen-day or six-month period, so document it carefully.

Service on a company or HUF

Service at the registered office of a company or the principal place of business of a firm satisfies the requirement. For an HUF, service on the Karta is conventional and generally accepted by courts.

Common Drafting Errors to Avoid

A notice to quit is vulnerable if it:

• Counts fifteen days from the date of service instead of tying expiry to the end of a tenancy month.
• Uses a calendar month rather than the tenancy month to compute the expiry date.
• Is issued by someone without demonstrated authority where the lessor is a corporate entity.
• Fails to specify vacant possession as the relief demanded.
• Is sent to a stale address when the lessee's current address is known.

Each of these has grounded a successful preliminary objection in trial courts. Correct them at the drafting stage, not after the suit is filed.

Practical Drafting Workflow

For advocates handling property matters at volume, a compliant precedent — with variable fields for party names, premises description, commencement date, and computed expiry — cuts drafting risk. The LegalInk brief generator helps structure the notice and flag the expiry date based on the commencement date you input.

Where a commercial tenancy raises the possibility of a State Rent Control Act applying, a compliance check against the applicable legislation before issuing is worth building into the workflow. The LegalInk compliance framework covers property and tenancy checks across major State jurisdictions. Both tools are available at legalink.co.in.

Frequently Asked Questions

Does Section 106 apply if the lease deed specifies a termination mechanism?

No. Section 106 is expressly subject to a contract to the contrary. If the lease deed prescribes a different notice period or mode of termination, those terms govern and a Section 106 notice may not be the appropriate vehicle.

Does continued possession after the notice period waive the notice?

No. Continued possession after expiry of a valid notice does not waive it, and the lessor may sue for eviction on the strength of the notice. However, accepting rent for a period after expiry may support an argument of waiver or a fresh tenancy — avoid doing so once the notice has issued.

Is a Section 106 notice required before filing an eviction suit under a State Rent Control Act?

It depends on the State legislation. Several State Rent Control Acts prescribe their own notice requirements as a condition precedent to filing, and some dispense with the Section 106 notice entirely. Verify the procedural prerequisites under the applicable State Act before issuing any termination notice.

What is the consequence of a defective notice?

A defective notice can result in dismissal of the suit as premature or non-maintainable, not merely delay. The defect ordinarily cannot be cured after filing — a fresh, compliant notice must be issued and the waiting period must elapse before re-filing.

Statute citations in this article are verified against LegalInk's verified law registry before publication. Always confirm the current text of any provision before relying on it.

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