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aspi (PROPRIETOR)     22 December 2009

Tenanted Premises For Self Occupancy

Am I right in understanding that it is the landlord's responsibility and liability to pay stamp duty and get the tenancy agreement registered.

What role should the tenant play if the landlord hands over a Notarized copy of the tenancy agreement to him without payment of stamp duty and withouut getting it registered?



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 1 Replies

Parveen Kr. Aggarwal (Advocate)     22 December 2009

There is no legal provision making the landlord responsible and liable for payment of stamp duty or getting a tenancy agreement registered. It is the mutual agreement between the landlord and the tenant to decide about the payment of stamp duty. They may agree for payment of stamp duty either by the landlord or by the tenant or for sharing it. Similarly, registration of tenancy agreement is duty of both parties to it and in case tenancy agreement is not registered, the parties thereto cannot derive any benefit thereunder in terms of section 17(1)(d) read with section 49 of the Indian Registration Act if the tenancy is for a period exceeding one year. 

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