Is an online rent agreement service legal in gujarat?

(Querist) 12 August 2026 This query is : Resolved
1. Can the agreement be made online and left unregistered?
2. Is ₹700 the right duty, applied at the right time?
3. May a company buy the stamp for a customer?
4. Is Aadhaar OTP signing by both parties valid execution?
5. Will a court accept it as evidence?

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Quick Summary

This discussion explores the legality and validity of an online rent agreement service operating in Gujarat. It questions whether an online process, including Aadhaar OTP e-signing and an e-stamp certificate issued by an authorised vendor, is legally sound for agreements under 12 months. Key concerns include the validity of unregistered agreements, correct stamp duty application, and the admissibility of such agreements as evidence in Gujarat courts.

kavksatyanarayana (Expert) 13 August 2026
These are academic queries but what is your problem? Are you a party in the rent agreement? Company purchase stamp paper on behalf a customer?

Ankit

(Querist) 13 August 2026
Our Flow (Gujarat rent agreement)

1. Customer opens our website and selects Gujarat.
2. Enters mobile number and verifies with OTP.
3. Fills in details: landlord, tenant, property address, rent, deposit, and duration — always less than 12 months.
4. Sees the full agreement on screen before paying.
5. Pays online: ₹700 stamp duty + our service charge (shown separately).
6. We arrange the e-stamp certificate from the government-authorised vendor (SHCIL). The certificate is issued in the customer's own name — our company name does not appear on it. We only pass the money through.
7. The e-stamp certificate is attached as page 1 of the agreement — before anyone signs.
8. Landlord signs using Aadhaar OTP e-sign (through a CCA-licensed provider).
9. Tenant receives a link, opens the same signed document, and signs with Aadhaar OTP.
10. Both parties receive the final signed PDF on WhatsApp and email.
11. The agreement is not registered, because the duration is under 12 months.

We only generate the document from a standard template. We give no legal advice and we do not submit anything to any government office on the customer's behalf.

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Our Questions

1. Is this flow legal in Gujarat?
2. For a rent agreement of less than 12 months, is it valid without registration?
3. Is ₹700 the correct stamp duty? (₹500 under Article 30(a)(i) + 40% additional duty under Section 3A)
4. Is buying the stamp before signing correct, or must it be done differently?
5. Can our company pay for and arrange the e-stamp, if the certificate is issued in the customer's name?
6. Is Aadhaar OTP e-signature by both landlord and tenant valid execution of a rent agreement?
7. Will a Gujarat court accept this agreement as evidence in a dispute?
8. Is anything extra needed for court — such as a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023?
9. Does any part of this need a licence — stamp vendor licence, or does document generation count as practising law?

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