Kaagazaat

Apple Orchard Lease

At a glance

Price: ₹1,499 · GST included
Stamp duty: A lease exceeding one year, or reserving a yearly rent, is charged ad valorem under Article 35 of the Indian Stamp Act, 1899 as applied to Himachal Pradesh by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, computed on the rent and rising with the Term.
Registration: Compulsorily registrable where the term exceeds one year or the lease reserves a yearly rent (s.107, Transfer of Property Act, 1882; s.17(1)(d), Registration Act, 1908, extended to Himachal Pradesh by the Himachal Pradesh Act 2 of 1969).
Witnesses: The Transfer of Property Act does not itself require attestation, but the registering office expects two witnesses, adults and not parties to the Deed, with photo identification.

₹1,499

GST included

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Guided questions, full draft on screen, download in Word.

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Also called

Fruit Garden Theka
Bagicha Lease
Apple Orchard Theka Nama
Batai Agreement for Orchard
सेब बगीचा पट्टा

Whether you can fill this in here

You can fill this in here

You can fill this one in on this site, and read the whole draft on screen before you decide anything about it. It is a carefully drafted template; it is not advice about your own facts.

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Why you need it

When you need it

You own a bearing apple orchard in Himachal Pradesh and want to lease it out — for cash rent, for a share of the crop, or both — to someone who will maintain it and take the harvest for the term of the lease. Or you are that lessee. READ THIS BEFORE ANYTHING ELSE. The Himachal Pradesh Tenancy and Land Reforms Act, 1972 restricts leasing out agricultural and horticultural land at all: as a general rule an owner who can personally cultivate is expected to, not to let the land out to someone else. Section 104 of that Act carves out the landowners who MAY lawfully lease out their holding — broadly, a serving member of the Armed Forces, an unmarried woman or one who is divorced, judicially separated or widowed, a minor, and a person permanently unable to cultivate through physical or mental infirmity. This deed asks the Lessor which of those categories applies, or records the other basis relied on, because an orchard lease granted by a landowner who does not fit within section 104 risks being void as against the very statute meant to protect small landholding, whatever the parties privately agree. Separately, where the Lessee is not an agriculturist, section 118 of the same Act may require the Collector's permission for this lease in its own right — see `himachal_section_118_permission_application`.

See stamp duty, registration and witnesses

What follows is written for Himachal Pradesh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

A lease exceeding one year, or reserving a yearly rent, is charged ad valorem under Article 35 of the Indian Stamp Act, 1899 as applied to Himachal Pradesh by the Indian Stamp (Himachal Pradesh Amendment) Act, 1952, computed on the rent and rising with the Term. Where rent is wholly or partly a share of produce rather than a fixed cash figure, expect the registering office to ask how that is reduced to a stampable value — confirm this before the deed is engrossed, because this template does not resolve it. Where the Lessee is not an agriculturist, a uniform 12% stamp duty has been reported for a section 118 transfer of agricultural land effective 26 March 2025; confirm whether that band extends to a lease as well as a sale before assuming the ordinary Article 35 lease rate applies. Confirm the current position on the Himachal Pradesh Revenue Department's NGDRS portal or at the Tehsildar's office before any stamp is purchased.

Registration

Compulsorily registrable where the term exceeds one year or the lease reserves a yearly rent (s.107, Transfer of Property Act, 1882; s.17(1)(d), Registration Act, 1908, extended to Himachal Pradesh by the Himachal Pradesh Act 2 of 1969). Present before the Tehsildar or Naib-Tehsildar exercising the powers of Sub-Registrar for the Tehsil or Sub-Tehsil in which the orchard lies, within four months of execution (s.23), with a further four months available on a fine under s.25. Before registration is even attempted, settle whether the Lessor's capacity to lease under section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, and, if the Lessee is not an agriculturist, permission under section 118 of that Act, are both in order — a registering officer who notices either difficulty may refuse to register the deed, and a deed registered without them is not thereby made valid.

Notarisation

Not an alternative to registration where registration is compulsory. Use a notary for the surrounding papers — a guardian's authority where the Lessor is a minor, a title confirmation, and any power of attorney used to execute or present this Deed, which needs authentication under s.33 of the Registration Act, 1908 before execution.

Witnesses

The Transfer of Property Act does not itself require attestation, but the registering office expects two witnesses, adults and not parties to the Deed, with photo identification.

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APPLE ORCHARD LEASE DEED

This Lease Deed (this "Deed") is made at Manali on 1 April 2026.

BETWEEN

Kamla Devi, widow of Late Sh. Nand Lal, of Village Bandrol, P.O. Bandrol, Tehsil Manali, District Kullu, Himachal Pradesh 175131, PAN AKQPD4521R (the "Lessor");

AND

Suresh Chand, of Village Sarchi, P.O. Sarchi, Tehsil Manali, District Kullu, Himachal Pradesh 175131, PAN AKQPD9821S (the "Lessee").

The Lessor and the Lessee are each a "Party" and together the "Parties".

RECITALS

A. The orchard described in Schedule I (the "Land") is situated at Mauza Bandrol, Tehsil Manali, District Kullu.

Co-ownership: The Land is owned jointly. The other co-owners are: X. Every co-owner is a Lessor under this Deed.

B. Capacity to lease: The Lessor is a member of the Armed Forces presently in service, entitled to lease out the Land under section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972 during the period of that service.

C. The Lessee is an agriculturist within the meaning of that Act.

D. The Lessee has requested a lease of the Land to maintain the orchard standing on it and to take the harvest, and the Lessor has agreed to grant one on the terms set out below.

E. The Parties intend this Deed to create a lease within the meaning of s.105 of the Transfer of Property Act, 1882.

NOW THIS DEED WITNESSES as follows.

GRANT AND TERM

1.1 The Lessor grants to the Lessee, and the Lessee takes, a lease of the Land for a term of 5 years commencing on 2 April 2026 and expiring on 3 April 2026 (the "Term").

1.2 The Land comprises 0-16-00 hectares (2 Bigha), with the trees described in Schedule II standing on it.

1.3 The Lessee shall use the Land only for maintaining the orchard and taking the harvest of fruit from it, and for no other purpose without the Lessor's prior written consent. The Lessee shall not erect any permanent structure on the Land, and shall not sub-let or part with possession without the Lessor's prior written consent.

RENT

2.1 A fixed annual cash rent as stated below, with no produce share.

2.2 Cash rent, if any: The Lessee shall pay the Lessor ₹60,000 (Rupees Sixty Thousand only) as annual rent. Annually in advance, on or before 30 April each year, ahead of the flowering and fruit-set season.

2.4 If any sum due under this Deed is not paid within thirty days of its due date, the Lessee shall pay interest at 15% per annum on the overdue amount from the due date until payment.

MAINTENANCE OF THE ORCHARD

3.1 The Lessee, at its own cost — pruning, spraying, manuring, irrigation, weeding and general upkeep of the trees and the land, to accepted horticultural practice.

Questions about this document

Does the Apple Orchard Lease need stamp paper or stamp duty in Himachal Pradesh?

Does the Apple Orchard Lease need registration in Himachal Pradesh?

Before registration is even attempted, settle whether the Lessor's capacity to lease under section 104 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, and, if the Lessee is not an agriculturist, permission under section 118 of that Act, are both in order — a registering officer who notices either difficulty may refuse to register the deed, and a deed registered without them is not thereby made valid.

What does the Apple Orchard Lease cost on Kaagazaat?

₹1,499, GST included.

Launch period: downloads are free for now. The prices shown apply once payments open.

Does the Apple Orchard Lease need witnesses?

The Transfer of Property Act does not itself require attestation, but the registering office expects two witnesses, adults and not parties to the Deed, with photo identification.

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