Suresh (labour) 22 February 2011

Lease agreement advice Please

Dear all,

I'm suresh and ahead to take a home for lease at Nerkundram, Chennai for Rs.2.5 lakhs. I like to know some informations and legal complication on that. I agreed to make an agreement for period of 11 months and the owner said it can be renewed for another 11 months also. I want to know either the agreement has to be done with 20Rs stamp paper or 50Rs stamp paper, which will be legally forced. have it to be registered?

For the part of witness i have my colleage and my father in law, for owner side he said no need of witness because he is sole ownership of the property. Shall i agree with this point.

And where i've to get the stamp paper(i.e the stamp vendor should belongs to the house located area?).

I'll be thankfull for a valid advice, because i got little fear to give my hardly earned money of 2.5 lakhs.

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3 Replies

bharadwaj.s.l.k.pappu (senior advocate) 22 February 2011

prior to 2000 the lease for less than an year is not compulsorily regierable. But the Registration Act underwent amendment which makes the Lesaes compulsarily registerable. So, lease for any period need registration. The stamp duty also not as u thought. It varies state to state. In our A.P. the proper stamp duty is certain percent on the agregate rent . so better u get ur deed registered with all the relvant and useful clauses. My mail id is bharadwaj_pslk@yahoo.com; my mob. 09246621921.

Suresh (labour) 22 February 2011

Thanks for u r reply sir, if considered of non-registered deed, the agreement copy can be used for the proof for the given money?. If there was any dispute at the time of end of the lease period can i hold the paper for the proof of lease and take action against the owner?

Shikha Chadha (CS) 04 March 2011

please advise....my co. had got a lease agreement on Rs.100 stamp paper, bt it is not registered...now we (the Lessee) want to terminate d same...bt according to one of the clause in it, if we terminate it wdin a period of 3yrs, we have to pay d rent of the bal. period also....1yr has elapsed, can we terminate d same widout paying the rent for the unexpired period??

In my opinion, we can terminate it by simply giving the lessor a notice of d same because the agreement was nt registrable....can we do so?, can we take d defence of no registration of document.??