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Ramesh Iyer (IT)     29 June 2013

How to get a leave & license agreement registered

I live in Mira Road-East in Thane District near Mumbai in a residencial apartment owned by my sister. Recently, I went to my SBI Bank Branch as well as Bharat Gas Agency nearby to get a new connection based on a NOC letter from my sister, the Electricity Bill of the house. But both the Bank and the BG Agency (and MTNL) refused to accept these documents as it doesn't satisfy their KYC Compliance requirements of documentation. The same goes for MTNL Telephone & Internet connection. All of them insist on a Regd Leave & Licence Agreement document which they can accept as Proof of Address, and my PAN Card copy as Proof of ID.

As the house I reside in belongs to my elder sister, and there is no financial angle to it, I would like to avoid engaging a real estate agent who will seek a commission from both me and my sister for necessary paperwork. So, based on some format of L&L Agreement with me, can I get it printed on a Rs. 500 Non-Judicial Stamp Paper and then approach the Registrar of Societies office for registering it ? What is the procedure and formalities, including charges, which I need to bear for the purpose.

Will appreciate advise and inputs from knowledgeable professionals / members on this forum. Thank you.

Ramesh



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 9 Replies

Arpit lalan (Legal Consultancy/Advocate)     02 July 2013

Dear RAmesh,

                            Hi and please note, that all your utility Service provoders are correct in asking for a Regd Leave & License Agreement. Now, the various steps are that firstly YOU DO NOT REQUIRE A REAL ESTATE AGENT.

2. You need to get hold of a registration agent who will book your slot for registering the agreement at the office in your area.

3. Also, you will to pay the Stamp duty and the registration fees, both the figures will be told to you by the Reg. agent. Their fees are afforadable and not that high. Further, you will need to send him your document so that he can lodge it for registration and on the document you will be required to put initials on all pages and full signature on the last page ( APPLICABLE TO BOTH PARTIES).

4. Please note, that the stamp duty (the figure calulated after knowing the rent per month) is payable at Stock holding offices any where and you can do it any where.

5. The Demand draft for the sub-registrar will have to be made in advance as soon as you are informed about the fees.

1 Like

Ramesh Iyer (IT)     11 July 2013

Dear Mr. Arpit,


Thanks for your previous response. I understand from certain sources that one needs "jugaad" to get appointment at the Registrar's Office for registering a L&L Agreement, and besides the official fees, "incidental" expenses have to be borne. Hence, seems it is easier to get a lawyer or Real Estate Agent with these contacts to get the work done. Also, as mentioned earlier, the house I stay in belongs to my elder sister, hence there is no financial impact of rent/deposit, so can I mention a token about of Rs. 1000 rent and Rs. 5000 deposit in the L&L Agreement document ?


Await your response...

Regards,

Ramesh

Arpit lalan (Legal Consultancy/Advocate)     12 July 2013

Dear Ramesh,

                               Fiestly, there are these Registration agents who do this job. They charge a nominal fee. You have to inform them what is the Deposit amount and the rent payable. As per that they will inform you about how much is the stamp duty and the registrars fees. Also, please note, that its not difficult at all to find a registration agent. In real, are you going to pay your sister any rent and deposit?? that is the question.. Ask your self that firstly are you both entering into a relationship of a Lessor and lesse!

Ramesh Iyer (IT)     12 July 2013

Dear Arpit,

As I wrote in the original post, this Leave & License Agreement document, including registration, is only to satisfy my service providers and Bank on my new place of residence, and to avail of certain services like domestic LPG connection, and landline from MTNL. All these agencies insist on a "valid" proof of address hence all this fuss. So, while I am working on this L&LA, there will be no actual financial dealing involved between me and my sister - just paperwork to satisfy aforesaid agencies. I have a few queries which I mention below -

1. Can I get the L&LA printed on legal paper and get franking done instead of printing it (first page) on stamp paper ? What would franking cost me ?

2. Can I mention a nominal rent and deposit amount or do I need to mention a 'market rate' for the same in the locality, as stamp duty & regn fees will depend on this.

3. Can I get the L&LA registered for a longer period, say 22 months instead of the usual 11 months ? Will if impact regn fees ?

4. Can you give an indicative cost of hiring / charges of regn process if I engage a Regn Agent ?

Thanks.

Regards,

Ramesh

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