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Rent Agreement for passport

(Querist) 01 October 2016 This query is : Resolved 
Good afternoon Sir,

I am staying in a pg since Aug 2016. As it's a P.G no rent Agreement was done before.
now for passport verification I require a rent Agreement as an address proof.
Can I make a rent Agreement from Aug 2016 now.
Is it possible?
If yes kindly let me know how I can do it .

Regards,
Soumick
Raj Kumar Makkad (Expert) 01 October 2016
Yes. You can it prepared as all other rent agreements are prepared. it shall be mentioned therein that the tenant is already residing in the demised property since such and such date but no formal agreement had been prepared earlier.

Avail the service of Documents-writer.
Raj Kumar Makkad (Expert) 01 October 2016
Yes. You can it prepared as all other rent agreements are prepared. it shall be mentioned therein that the tenant is already residing in the demised property since such and such date but no formal agreement had been prepared earlier.

Avail the service of Documents-writer.
Ms.Usha Kapoor (Expert) 02 October 2016
Agree with Mr.Makkad.

Guest (Expert) 02 October 2016
No restriction, if not being made to provide false evidence.
Kuummaar AS (Expert) 02 October 2016
Rent Agreement can be executed later. It has been decided that Passport Issuing Authority (PIA) would not adjudicate upon the legality of the
registered rent/lease agreement and accept the registered rent/lease agreement without insisting on the validity of the same for more than one year.

They have decided as follows"

"the registered rent agreement duly registered under Section 17 of the Registration Act, 1908 and executed in favour of the tenant by the landlord, may be accepted as a valid document for the proof of address at the time of submission of passport application."



P. Venu (Expert) 02 October 2016
Not only the author, but every member of the LCI should be grateful to the Learned Expert Kumar AS for his enlightening advice.
Rajendra K Goyal (Expert) 02 October 2016
rent agreement is acceptable while applying for passport.

Since stamp paper would be of later date, agreement can not be executed from back date, you can show living in the premises from Aug. 16, agreement executed now.
Kuummaar AS (Expert) 02 October 2016
Retrospective effect can be given to the tenancy in an agreement signed today.
Guest (Expert) 02 October 2016
I endorse the views of Shri AS Kumar about retrospective effect.
Raj Kumar Makkad (Expert) 02 October 2016
Retrospective effect is understandable but the given provision in the earlier reply of Kumar As speaks something contrary to his earlier reply.

In that provision, registered agreement shall also be accepted but the reply is otherwise.

There is no hard and fast format to be submitted as a mark of rent agreement before the passport authorities.
Soumick (Querist) 02 October 2016
Thankew so muc
So I can make a rent Agreement mentioning that I was previously residing in the same place but no agreement was made..
Soumick (Querist) 02 October 2016
Thankew so much
So I can make a rent Agreement mentioning that I was previously residing in the same place but no agreement was made..
Kuummaar AS (Expert) 02 October 2016
Makkad Sir,

Frankly I have not understood the contradiction in my two replies. In my earlier reply, I had said that Rent Agreement can be executed later (which means tenancy can be before the date of signing the agreement).. In my later reply, I tried to make the same position more clear by using the words “Retrospective effect”.


Rest of portion of my reply was from guidelines issued by the Passport Authorities. You have kindly said that “In that provision, registered agreement shall also be accepted but the reply is otherwise.”


The position is that the Ministry of External Affairs' vide its Circular No. VI/402/2/37/2014 (8), dated 30/07/2014, had earlier decided that "the registered rent agreement duly registered under Section 17 of the Registration Act, 1908 and executed in favour of the tenant by the landlord for a period of more than one year, can be accepted as a valid document for the proof of address at the time of submission of passport application."


Later on, it came to the notice of the Ministry that a number of applicants could not submit their passport applications as the validity period of their registered rent agreements is not in consonance with the provisions of the Registration Act, 1908. To redress the hardship being faced by the applican , with the approval of the competent authority, it was then decided that the Passport Issuing Authority (PIA) would not adjudicate upon the legality of the registered rent/lease agreement and accept the registered rent/lease agreement without insisting on the validity of the same for more than one year.


In view of the above dispensation, it had been decided on 19.6.2015 by the Ministry of External Affairs that ¬ "the registered rent agreement duly registered under Section 17 of the Registration Act, 1908 and executed in fvour of the tenant by the landlord, may be accepted as a valid document for the proof of address at the time gf submission of passport application."

Guest (Expert) 02 October 2016
Dear Kumar,

I don't think anyone has raised an eyebrow on your guidance, which should have been considered as perfect by the author.
Ms.Usha Kapoor (Expert) 03 October 2016
Enough of discussion on this matter. Let us end this.
Soumick (Querist) 04 October 2016
Thankew every1
Rajendra K Goyal (Expert) 05 October 2016
You are always welcome.


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