Legal Question in Real Estate Law in India

Re: Registration of Rental Agreement

Any agreement for immovable property for the value of Rs.100 and above has to compulsorily registered. In your case if the total consideration of your agreement is more than Rs.100/- you have to register the agreement. The stamp duty payable depends on the jurisdiction of the state in which the property is situated.

Re: Registration of Rental Agreement

You need to check provisions of the Rent Act applicable to the area in which property situate.

Re: Registration of Rental Agreement

Rent agreement above 11 months period should be registered. The sub-registrar's office is differs from region to region and the stamp duty will vary from state to state as per the Stamp Act.

Re: Registration of Rental Agreement

No registeration is required for a month to month tenancy agreement. if the agreement is for 12 months or more, it requires registration. therefore, usually, the agreements are for 11 months and then month to month; however, you may have clause for periodical rental increase also.

Re: Registration of Rental Agreement

YES, YES. ASK THE SUB-REGISTRAR FOR STAMP DUTY.

Re: Registration of Rental Agreement

A lease of immovable property for any term exceeding one year can be made only by a registered instrument, as per Section 107 of Transfer of Property Act.

Thus, if the rent agreement is for one year or more, then it has to be necessarily registered. If it is not registered, then as per Section 49 of the Registration Act 1908, this agreement can not be used in evidence and it does not affect the property leased under the agreement.

The Stamp Duty on such document varies from State to State. You will have to refer to the Rates of Stamp Duty applicable in the State where the property in question is situated.

THe Registration is, of course, done, at the office of Sub-Registrar, where other documents are registered.

Sunil Goel,

B.Sc, LLB, LLM

advocate, Delhi High Court