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Lease/ rental agreements

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(Querist)
28 December 2011

1) Can one renew a lease/rental agreemnt by both parties signing on the original (stamp paper) agreemnt with the remark "agreement extended for another 11 months form this date, by mutual consnet" - is this legally valid?

2) How to determine the stamp paper value for lease/ rental agreements?


Devajyoti BarmanOnline (Expert)
28 December 2011

Any lease for than one year and renewable from year to year needs registration.
The stamp duty differs from state to state.

adv. rajeev ( rajoo )Online (Expert)
28 December 2011

If it is regd., you cannot endorse on the original agreement.
It is better go for fresh one.

Annapurna Ramanathan (Querist)
28 December 2011

Thanks for experts, M/s. D.Barman and Rajeev; Further:

(1)if the state is Kerala and the monthly rental is Rs 17,000/-, how to calculate the stamp paper value?

(2)Which is better rental agreement or lease agreemnt for a common 11 month flat rental (Keral State)?

Nadeem QureshiOnline (Expert)
28 December 2011

Dear Annapurna
if the agreement for 11 month then no need to registarion of agreement, if both the parties are mutually agreed with term & condition & renew after that period.
Rs. 100/- is enough for rent agreement.
feel free to call

Devajyoti BarmanOnline (Expert)
28 December 2011

Since we are not from the state of Kerala it is better if you contact the local registration office who would inform you the correct figure.

Advocate M.BhadraOnline (Expert)
28 December 2011

In your query as per No.1,--no,you need fresh Agreement.No.2--- the stamp duty is require Rs.10 but some States it is be registered,so you should contact with a local lawyer.

Deepak Nair (Expert)
28 December 2011

Lease agreement for 12 months or more needs registration.
What the renewal clause says in your agreement. If it specifically says that it can be renewed through fresh agreement, then you shal make new agreement.
If not, then just make a renewal letter on palin paper stating that the the said agreement is renewed for further 11 months on the same terms and conditions as in the original agreement, and both the parties sign on the same.
since the agreement is for 11 months, you can make it on a 100/- stamp paper.

prabhakar singh (Expert)
28 December 2011

Valuation would be rent into time but at what rate duty is chargeable can be ascertained from sub registrar office.
So far 11month tenancy is concerned,no registration is required but that for purposes of stamp duty has to be valued legally as rent into time and then stamp has to be paid according to law,only registration fees is saved there it is a wrong way to conceive that any agreement which does not require registration can be drafted on any token money stamp duty of 10/or 100 as suggested.In dispute cases such agreement may be refused to be taken in evidence and in addition penalty may also be slapped.One must bear it in mind always.

ashutosh mishra (Expert)
29 December 2011

Is it so Sir!!

Advocate. Arunagiri (Expert)
29 December 2011

As the agreement is only for 11 months, and it is renewed, there is no need for registration, it is only optional.

The time to be calculated as per the agreement only, not along with renewal. This renewal can be done for any number of times, without registration.

Shonee KapoorOnline (Expert)
01 January 2012

Stamp Duty would vary from state to state, you can consult a local advocate for the same.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Bobby Mani T (Expert)
01 April 2015

1) Can one renew a lease/rental agreement by both parties signing on the original (stamp paper) agreement with the remark "agreement extended for another 11 months form this date, by mutual consent" - is this legally valid?
Ans. Agreement cannot be renewed on the already used stamp paper. New stamp paper is necessary. It is Government's income.

2) How to determine the stamp paper value for lease/ rental agreements?
The value of stamp paper can be determined by referring the Stamp Act.

you can have a look at Kerala Stamp Act regarding lease and license at
https://rentedbuilding.wordpress.com/category/rent-control/stamp-for-lease-deed/

Bobby Mani T (Expert)
01 April 2015

You can renew the agreement on any paper or stamp paper for just any value example Rs. 100 or so because the tenancy continues on the strength of Rent Control Act. The tenant is converted from contractual tenancy to legal tenancy. the tenant can be evicted only by a judicial process prescribed by the Rent Control Act. The renewal deed only prescribes the rate of rent from that date. this can be achieved by a letter from the tenant on a white paper. I am from Kerala so I am referring to Kerala Law



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