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Rent agreement drafting

(Querist) 08 June 2014 This query is : Resolved 
Dear Sir/Mam/Peers,

I was handling a case of Rent payment by a son to his father for claiming HRA. While framing the rent agreement i came across a doubt which is as follows:

The address mentioned after the name of both father and son is coming same(i.e. where R/o is used). Also the property taken on rent is having same address. i.e. all the address mentioned in rent agreement are coming to be the same(all highlighted in yellow below).

So my question is whether the presentation used is correct or if we wish to improve it how can we change this language(language part) since it is not looking proper and not looking good and the son might face problem from A.O. also. in regard to claiming HRA.

Shri R. kumarS/o Shri A kumar R/o xyz flat, street no. 4, laxmi nagar, delhi-110092, who is authorized to sign and execute this Agreement (hereinafter ....) of the FIRST PART,

AND

Shri S. Kumar S/o Shri R Kumar R/o xyz flat, street no. 4, laxmi nagar, delhi-110092, (hereinafter ...) of the SECOND PART.

WHEREAS

i) The FIRST PARTY is the owner of R/o xyz flat, street no. 4, laxmi nagar, delhi-110092.

AND

ii) The SECOND PARTY is interested in taking one room set(attached balcony and bathroom) of above said flat (hereinafter referred to as “demised premises”), as a pen guest on a monthly rent basis for residential purpose only.

Now the next question is i have a stamp paper for this rent agreement dated 7th May. Can we execute a agreement from 1st April, if yes, how? Also suppose this is correct notarizing and getting it registered it now i.e. around 10th June will be correct??

Thanku in advance. Thanku very much.

P.S. Rent agreement has to be executed. Please dont suggest that it is not required.
ajay sethi (Expert) 08 June 2014
agreement can be registered within period of 4 months from execution . since your stamp paper is of 7th may 2014 have the agreement executed on any date after 7th may 2014
Dr J C Vashista (Expert) 09 June 2014
Nothing wrong on both queries, proceed.
Rajendra K Goyal (Expert) 09 June 2014
There is nothing wrong both having same address.

Language should mention that house is on rent w.e.f. 01.04.2014 for which rent agreement executed now and is effective from date from which taken on rent.
Guest (Expert) 09 June 2014
Well advised by all the experts
Shivashish Karnani (Querist) 09 June 2014
thanks to all.. thanku very much..Now i will proceed for finalising rent agreement..thanks
T. Kalaiselvan, Advocate (Expert) 13 June 2014
agreed, there is nothing wrong in it, it is legally valid.


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