Registeration of lease

Querist : Anonymous (Querist) 25 February 2022 This query is : Resolved
We have a tenant at our commercial stop in Noida since 1st April 2021. Lease agreement was not registered earlier and now we want to register rent agreement. Previous agreement was of 3 years but only notarized. Now we want fresh registered agreement for 5 years.

My Query:
1. Since previous ageement was of 3 years but was not registered does it has any value and
2. If we go for registeration now with same tenant for 5 years do we have to pay any penalty for not registering agreement last year
3. Should we make a fresh agreement with fresh dates in that case how do we mention security money that was given to us last year
4. Can fresh agreement be made now mentioning date of agreement from 1st April 2021 onwards for 5 years i.e to 31 March 2026? Will that be allowed and legal?

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kavksatyanarayana (Expert) 25 February 2022
Now the lessor and lessee (owner and tenant) can execute a lease deed for a period of 5 years commencing from 1st April 2021 to 31st March 2026 and you can mention all the terms and conditions clearly to avoid legal complications. For the previous deed, you can cancel the same without registration on a Stamp paper worth Rs.100/- as the original is not registered.

Advocate Bhartesh goyal (Expert) 26 February 2022
Yes, Lessor and lessee ( Landlord and Tenant ) can now execute and register lease deed in sub registrar office for period of five years effective from 1st April 2021 to 31st March 2026 with all terms and conditions settled between them also can mentioned regarding security money already paid.You have to pay no any penalty for late registration.

SHIRISH PAWAR, 7738990900 (Expert) 26 February 2022
Hello,

You can enter into a fresh registered agreement by paying stamp duty without mentioning the old agreement. Payment of stamp duty and registration of agreement is mandatory. It also carries the penalty @2% p.m.

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