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property and stamp papers

(Querist) 07 March 2008 This query is : Resolved 
is it necessary to enter into leave and license agreement or lease deed for taking property on rent

denomination of stamp paper in maharashtra for lease deed / leave and license agreement

is lease deed / leave and license required to be registered and whose responsibility it is for registration

what happens it the lease deed / leave and license is not registered

any time limit for registration

if stamp paper is dated 5th march 2008 can the agreement be made effective from 5th december 2007
Manish Singh (Expert) 08 March 2008
I am again telling you it's upto you what form of tenancy you want to enter into.If term is for more than 3 years, opt for lease otherwise its advisable to go for License.

It doesnt matter what title you put down on your agreement. IF the agreement is not creating any interest in the property in your favour but merely creating a permission to occupy the said premises for that particular purpose, it can't be called Lease in the eye of law.

if it is not registered(and compulsorily required), it cant be produced as an evidence in the court of
law.

Landlord is liable for the registration.

No, you cant make any agreement on the pre-dated stamp paper.
Manish Singh (Expert) 08 March 2008
you need to register the deed within 4 months of the execution.
In case of delay, you will have to pay prescribed fine.
Manish Singh (Expert) 11 March 2008
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Ashey (Expert) 03 April 2009
During Lease possession of the premises is with the tenant
Ashey (Expert) 03 April 2009
during licence possession is with the owner
Ashey (Expert) 03 April 2009
Though a deed styled as licence deed but actaully intended to be a lease/rental is deemed to be a lease deed
Hiralal Das (Expert) 06 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.


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