Legal Question in Real Estate Law in India
Renting a house in india from the US
Hi,
I have an apartment in india which i want to rent to a couple in india. But now i am in Texas,US. Is there any procedure to be followed by me to sign the rental agreement?
Can they send the agreement from india and can i sign it and return it back or should it be attested by the indian embassy here?
Please advise
Thanks,
Vidhya
5 Answers from Attorneys
Re: Renting a house in india from the US
Sir,
You can ask your prospective tenants to prepare rent note on stamp paper and sign it, and send the original to you. The rent note does or agreement does not requre any registration.
Re: Renting a house in india from the US
Yes, the agreement can be signed by you in Texas and returned back. The procedure will be that the tenant will sign the agreement in duplicate and send both copies to you. You will sign both, send one copy back to the tenant and retain one copy with you.
You need not have same notarized; however, it is always advisable to have both copies notarized by the Indian Consul there.
Re: Renting a house in india from the US
Hi, You may execute the rental agreement on a plain sheet of paper at US, which is duly countersigned by the Indian Emabssy and forward the same to the Lessees for their execution In India. Pursuant to which, within 3 months from the date of the document entering India, you will need to ensure that the document is appropriately stamped with the stamping authorities.
Re: Renting a house in india from the US
You can rent your apartment from USA but give a power of attorney to your trusted relative or friend who can handle the issue.
if the rent exceeds 3500 you can lease it to the lessee and register the same, the registration and stamp duty has to be borne by the lessee.
it is better to give it to a company lease rather than in individual person, unless you are confident.
You can enter into a lease Agreement and give possession for 11 months by receiving advance and rental cheques in advance. The decisions is yours.
B.Balasubramanya.
Re: Renting a house in india from the US
If your Apartment is in the State of Maharashtra of India, then registration of rent agreement is compulsory. In such case, you may appoint your relatives for the purpose of registration by executing a Power of Attorney duly attested by embasy.