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Notice to Quit (Section 106, Transfer of Property Act)

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Price
₹99 · GST included

₹99

GST included

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

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

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Also called

  • Quit notice
  • Notice to vacate
  • Eviction notice to tenant
  • Notice of termination of tenancy
  • Section 106 notice
  • Makan khali karne ka notice
  • Bedakhli notice
  • Dukan khali karne ka notice

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

Ends a month-to-month tenancy under section 106, Transfer of Property Act, 1882 — the notice a court expects before a possession suit.

See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

None — not a chargeable instrument; transfers nothing, isn't a lease. Plain paper; don't buy stamp paper or e-stamp it. Duty attaches to the rent agreement, not this notice — same in every state.

Registration

Not registrable — section 17, Registration Act, 1908 covers certain leases, not termination notices. No sub-registrar visit or fee. Exception: a Model Tenancy Act Rent Authority may need intimation in its own form — that's an intimation, not registration.

Notarisation

Not required — section 106(4) only needs the notice in writing, signed, and served one of the listed ways. Notarising is a common but pointless expense; proof of service (registered post receipt, AD card) carries weight in court.

Witnesses

None needed to sign the notice — only if you affix it to the property (section 106(4)'s last resort): do it before two adult witnesses, get a signed affixation report, and photograph or video it. For hand delivery, get the tenant's signature and date instead.

Talk to a lawyer about this document₹3,539 including GST (₹2,999 + 18% GST), per documentRequest Stamp Paper

Sample preview — placeholder answers, not your data

NOTICE TO QUIT AND DELIVER VACANT POSSESSION

Under section 106 of the Transfer of Property Act, 1882

Mode of service: Registered post with acknowledgement due
Date: 3 April 2026

From (Landlord)
Anjali Verma
B-402, Sunrise Apartments, Sector 21, Gurugram, Haryana 122016
Phone: +91 XXXXX XXXXX

To (Tenant)
Rakesh Nair
Flat 3B, Green Park Residency, 14 MG Road, Bengaluru, Karnataka 560001

Subject: Termination of your monthly tenancy of Flat 3B, Green Park Residency, 14 MG Road, Bengaluru, Karnataka 560001 and notice to quit

Dear Rakesh Nair,

1. The premises

1.1 This notice concerns the following premises ("the Premises"):

The entire second floor, consisting of two bedrooms, a hall, a kitchen and two bathrooms, together with one covered car parking space bearing no. P-12.

situated at Flat 3B, Green Park Residency, 14 MG Road, Bengaluru, Karnataka 560001.

2. The tenancy

2.1 You are my tenant of the Premises. The tenancy was created by: Rent agreement dated 1 April 2023.

2.2 The tenancy began on 1 April 2026.

2.3 The rent is ₹25,000 (Rupees Twenty Five Thousand only) per month, payable on the 5th of each month. Each month of your tenancy therefore runs from that day in one month to the day before the corresponding day in the next month.

2.4 Rent is reserved and paid by the month, and the Premises are not let for agricultural or for manufacturing purposes. The tenancy is accordingly a tenancy from month to month, terminable by notice under section 106 of the Transfer of Property Act, 1882.

2.5 If any fixed term of the tenancy has already expired and you have continued in occupation with rent being paid and accepted monthly, the tenancy has continued as a monthly tenancy by holding over under section 116 of the Transfer of Property Act, 1882, and is terminable in the same way.

3. Why I am ending the tenancy

I require the Premises for the personal use and occupation of myself and my family.

4. Notice to quit

4.1 I hereby terminate your tenancy of the Premises.

4.2 You are called upon to quit, vacate and deliver vacant and peaceful possession of the Premises to me — free of your goods and of every person claiming through or under you — on or before the end of 2 April 2026, or on the expiry of fifteen clear days from the date on which you receive this notice, whichever of those two dates is later (that later date is called "the Quit Date" in this notice).

4.3 This notice is intended to give you the full notice period required by section 106 of the Transfer of Property Act, 1882 — fifteen days for a tenancy from month to month — and also any longer period that the terms of your tenancy require.

4.4 Your tenancy will stand determined at the end of the Quit Date, under sections 106 and 111(h) of the Transfer of Property Act, 1882. From the day after the Quit Date you will have no right to remain in the Premises.

5. How the notice period is counted

5.1 Under section 106(2) of the Transfer of Property Act, 1882, the notice period runs from the date on which you receive this notice.

5.2 The day you receive it is not counted. The fifteen days are counted from the following day (section 9 of the General Clauses Act, 1897).

5.3 If this notice is sent to you by post, you will be taken to have received it at the time it would be delivered in the ordinary course of post, unless you prove otherwise (section 27 of the General Clauses Act, 1897). Refusing to accept delivery, or deliberately avoiding it, will be treated as receipt.

What this document is for

A landlord uses this to formally end a month-to-month tenancy — a flat, house or shop let out with no fixed term left running — and to call on the tenant to hand back vacant possession by a stated date. It is the written notice a court expects to see before it will even consider a landlord’s suit for possession, so it is usually the first formal step, not the last one.

It exists because ending an ordinary monthly tenancy is not something a landlord can simply announce over a phone call or a WhatsApp message and expect a court to accept later. Section 106 of the Transfer of Property Act, 1882 sets out exactly how such a tenancy is lawfully terminated — in writing, signed, served in a recognised way, and giving the tenant a minimum period to leave — and this document is built to that specification.

Before you rely on this — it may not be enough to actually get possession

This notice ends the tenancy as a matter of contract, under section 106. It does not, by itself, remove a tenant who is protected by a rent-control law applying to the premises. Where such a law applies, the Supreme Court held in V. Dhanapal Chettiar v. Yesodai Ammal (1979) that a landlord does not even need a section 106 notice to sue for eviction — but still has to plead and prove one of the specific grounds that rent-control law allows, such as arrears, a bona fide personal need, subletting, or damage to the building. A section 106 notice on its own will not get a court to order a protected tenant out.

Whether a rent-control law reaches a particular letting turns on things like the rent charged, the type and age of the building, and whether the area is a notified urban area — questions this notice does not attempt to answer for you. If you are not sure whether your tenant is protected, that is worth settling with a local advocate before you rely on this notice as your whole strategy.

Stamp paper and registration

Stamp paper needed

No

Typical stamp duty — Punjab

Ask us — The template this notice is grounded in describes it as not a chargeable instrument at all — it transfers nothing and is not itself a lease — and states that this position is the same in every state, Punjab included, because the duty belongs to the rent agreement behind the tenancy, not to a notice ending it. That is a confident, uniform claim we have not independently verified against a Punjab source; ask us to confirm before relying on it.

Typical stamp duty — Chandigarh

Ask us — For the same reason and on the same basis as Punjab: not a chargeable instrument, on a uniform all-India claim rather than a jurisdiction-specific rate we have independently checked. Ask us to confirm before relying on it.

Registration at the Sub-Registrar

No — Not registrable — section 17 of the Registration Act, 1908 reaches certain leases, not the notice that ends one. No Sub-Registrar visit and no fee arise from this document.

Notary or witnesses

No witnesses are needed to sign the notice itself, and notarising it is not required either — proof that it actually reached the tenant (a registered-post receipt, an acknowledgement card) matters far more in court than a notary’s stamp. Two witnesses are needed only for the last-resort step of physically affixing the notice to the property, together with a signed affixation report and photographs or video.

What you will need before you start

  • Your own name, correspondence address and phone number as landlord, and the same for every co-owner if there is more than one
  • The tenant's full name and every address you have for them, since posting to more than one address strengthens proof of service
  • A precise description of exactly what is let out — floor, rooms, parking, store — vague premises descriptions are a common weakness in a quit notice
  • How the tenancy was created (a written agreement, or an oral tenancy) and when it began
  • The monthly rent, the day it falls due, the security deposit held, and an accurate statement of any rent currently unpaid
  • Your chosen quit date, counted as at least fifteen clear days from when the tenant will actually receive the notice, and how you intend to serve it

Common mistakes

  • Counting the fifteen-day notice period from the date the notice was sent rather than the date the tenant actually received it.
  • Assuming this notice alone is enough to remove a tenant who turns out to be protected by a rent-control law applying to the premises.
  • Taking possession by self-help after the quit date — changing locks, cutting utilities or removing belongings — instead of waiting for the tenant to leave voluntarily or going to court.

Questions people ask before using this document

Do I have to give a reason to end a month-to-month tenancy under section 106?

No. Section 106 of the Transfer of Property Act, 1882 does not require a landlord to justify ending a month-to-month tenancy — you can state plainly that no reason is required and give none. The one exception in practice is where a rent-control law protects the tenant: there, ending the tenancy in substance still needs one of that law’s own recognised grounds, whatever this notice itself says.

How much notice do I have to give, and from when is it counted?

At least fifteen clear days, and the count starts from the date the tenant actually receives the notice, not the date you send it. Posting it by registered post with acknowledgement due is the safest route, since the law treats a notice as received when it would ordinarily be delivered in the course of post, unless the tenant proves otherwise.

Will this notice actually get a protected tenant out?

Not by itself. If a rent-control law applies to the premises, the tenant is a protected or statutory tenant, and a court will still expect the landlord to plead and prove a specific ground that law recognises — arrears, personal need, subletting, or damage, for example — rather than relying on this notice alone. Whether such a law applies to your letting is worth checking before you treat this notice as the end of the matter.

Does this notice need to be stamped or registered?

No, neither. It is not a chargeable instrument for stamp-duty purposes, because it transfers nothing and is not itself a lease, and it is not on the list of documents the Registration Act, 1908 requires to be registered. Plain paper or your own letterhead is correct and complete.

What happens if the tenant does not vacate by the quit date?

Their continued occupation becomes unauthorised, and they become liable for damages for use and occupation — commonly called mesne profits — for as long as it continues, on top of whatever the landlord may claim in a court proceeding for possession. What a landlord should never do is take possession by self-help: changing the locks, cutting off electricity or water, or removing the tenant’s belongings. Possession has to come from the tenant voluntarily or through a court.

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₹99, GST included.

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