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Rental agreement whether to be registered - reg.

(Querist) 05 October 2020 This query is : Resolved 
I had entered into rental agreement with a private limited company for a period of 9 years with stipulation to revise the rent every three years. The agreement was reduced into writing in a Rs.100/- stamp paper. The property is at Pondicherry and the Co. office is at Mumbai. Whether the rental agreement is need to be registered compulsorily? If not registered, whether any legal impediment in the terms of agreement? Please clarify.
Isaac Gabriel (Expert) 05 October 2020
Rental agreement in stamp paper is suffice. Need not be registered
K Rajasekharan (Expert) 05 October 2020
Registration of a lease agreement (rent agreement) is mandatory if the leasing period is 12 months or more, under Section 17 (d) of the Registration Act, 1908.

The stamp duty charges differ from states to states as per the Stamp Act in force in the state.
Dr J C Vashista (Expert) 06 October 2020
Yes, it has to be compulsory registered in terms of Section 17 of the Registration Act, 1908 as the agreement is more than one year.
Advocate Bhartesh goyal (Expert) 06 October 2020
A rent agreement more than 11 months period is required to be compulsory registration.
R.K Nanda (Expert) 06 October 2020
Yes, rent agreement must be registered.
A. A. JOSE (Expert) 06 October 2020
The lease tenure is stated to be 9 years and as per prevailing law, it is mandatory to register the same please.
Hemant Agarwal (Expert) 06 October 2020
1. IF Rent /Lease Agreement is not duly Stamp Duty paid and Registered for ANY period, THEN during times of dispute, an unregistered agreement shall not be taken on record, more so specifically since it will imply that parties to such agreement has swindled /cheated the Govt., for the Stamp Duty & Registration Fees.

2. However, irrespective of above, the Rent /Lease Agreement can be registered even now by mutual consent of the parties, by sending the same for adjudication to the local SRO, who will issue challan for relevant Stamp Duty, Registration Fees and relevant Penalty etc....

Keep Smiling .... Hemant Agarwal
Rajendra K Goyal (Expert) 06 October 2020
Agree with the experts, rent agreement for more than 11 months need to be registered and should be stamped adequately as per state rules.
kavksatyanarayana (Expert) 06 October 2020
Yes. The lease agreement shall be executed and registered.
Vasudevan (Querist) 07 October 2020
Much obliged by the replies of all the Learned Experts. Thank you to one and all who had shared their knowledge on the query.
Rajendra K Goyal (Expert) 08 October 2020
You are welcome, may revert in case of any further question on the issue.

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