handover of possession of tenanted shop

Raj (Querist) 29 September 2013 This query is : Resolved
Sir, my tenant has vacated the shop after completion of tenancy period. Do I need to get letter of possession attested by a notary public. At present he has signed the possession letter but had not given his residence address. Kindly advice

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Dr. Jyothi Vishwanath (Expert) 29 September 2013
Getting such letter is the headache of the tenant. You dont have to bother about it. You can proceed with future plan with your property.

Raj Kumar Makkad (Expert) 29 September 2013
There is no requirement for such writing on the part of the tenant.

Raj (Querist) 29 September 2013
Sir, should landlord obtain a possession letter and is it mandatory to get it at least notarized

V R SHROFF (Expert) 29 September 2013
Let two witness sign possession letter. . hv photograph or audio records of all 4. it.

Rajendra K Goyal (Expert) 29 September 2013
Well advised by the experts, nothing more to add.

Raj (Querist) 29 September 2013
Sir, thank you very much.

R.K Nanda (Expert) 29 September 2013
NOTHING TO ADD.

Kishor Mehta (Expert) 30 September 2013
Sir,
With due respect to the Experts, I would like to add that, if the shop is in Maharashtra and if it is given on rent, then it is covered under Maharashtra Rent Control Act 1999 and a release deed has to be prepared and duly registered after execution.
However, if the shop is given on Leave & Licence basis with the document duly registered, this rule does not apply. Only a release letter, duly witnessed, is sufficient.
Good Luck.
Kishor Mehta

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