Obtaining an affidavit from house owner for address proof.


Hi,

I am living in a rented flat under an unregistered “Leave and License Agreement” (no arbitrator has been defined in the agreement) for the past 1.5 years (I have two agreements during the period). Now as I want to get a passport, my owner is not ready to sign and give me an affidavit for proof of address. The justification which has been specified by the owner is “I don’t want this address at which you are staying to come up in your passport”. I am not sure if whom or in which forum this problem should be taken up. Please let me know what legal action can be taken on the owner so that I can get an affidavit.

 

Thanking you in anticipation.  

 
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LEGAL COUNSEL

Where are you residing! In States like Maharashtra, Registration fo Leave & License is compulsory and the onus of getting registered is on the owner of the property. In such case, you may demand that either the leave and license is registered (stamp duty and expenses may have to be shared) or give a affidavit. A tenant is entitled to use the resident address for postal address and also for passport. Of course in the passport, you will have to provide your permanent address and the adddress of residence would only be provided for correspondence.

vasudevan

 
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Thank you for your reply. I am residing in Pune (MH). But, both the previous agreements were never registered. Further, both were for less then one year period (11 months) and had to be redefined ( for some other reasons). I have been told (by a lawyer in Karnataka) that any agreement less than one year is not required to be registered (is it also valid for Maharashtra Rent Control Act of 1999 for Leave and License Agreement? ). Now currently I am being declined for an affidavit (for just proof of residence) from my owner. Could you please let me know what approach should I take?

 
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LEGAL COUNSEL

In Maharasthra, registration of every leve and license is made compulsory by the Maharas.Rent Control Act, 1999 - check the extract of Section 5. Hence the owner is bound to get this process done or assist you by providing the affidavit. Best Wishes

5. TENANCY AGREEMENT TO BE COMPULSARILY REGISTERED .- 

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908. (2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and licence or have been let to him, shall prevail, unless proved otherwise. (3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.

 
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Thank you for letting me know why the owner is obligated to give the affidavit. But, in current case as the owner is not willing to do so, what action can be taken against the owner? In the absence of a defined arbitrator in the agreement whom should I approach?

 
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LEGAL COUNSEL

Dear Sunny,

I have given the complete inuts, for persuassion and I am sure that every reasonable landlord/owner would agree to your request, provided his obligations are made known to him. It is all out relationship and try to build relationship by convincing rather than resorting to arbitration etc. 

Vasudevan


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Dear Sir,

 Thank you very much for giving a very appropriate guidance regarding building relationships. I just want to ask one more thing before going to my owner.

Is Maharas.Rent Control Act, 1999, applicable to Leave and License Agreement done for less than 12 months? (as stated earlier I have two such agreements one expired and the second one is running)

I am asking this on being unable to find a specific answer in the Section 2 (Application) or Section 3 (Exemption) within the said act. Further, online some conflicting answers were found. For example at the link: http://www.indianrealtylaw.com/bare-acts/maharastra-rent-control-act/maharashtra-rent-control-act.aspx

The statement: “Premises, which are let out or given on license for less than 12 months” is present for both applicability and exemption from the act.  Please give me a clear direction.

 
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LEGAL COUNSEL

I have given you the specific input based on the law as it prevails in Maharashtra and the leave and license of any period is liable to be registered under the provisions cited by me.

vasudevan

 
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