Civil Procedure Code (CPC)

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Renewal of rental contract

Querist : Anonymous (Querist) 22 July 2021 This query is : Resolved 
1. i have a three years rental contract (duly registered) for my flat in gurgaon  which is expiring in nov 2021.
2. i want to extend the contract for one more year with increased rental .
3. is it advisable to sign a new contract for 11 months or  extend the present lease  which is better and legally enforceable .    if i extend the present lease  for  11 months, do i need to register the rental contract again ?    

4. how much before the current rental lease should i sign the agreement for extending the lease.
5 any other imp thing to be aware of ?
kavksatyanarayana (Expert) 22 July 2021
The extension of the lease period shall also be registered. The stamp duty varies from one State to another State.
Usually, the stamp duty is for 11 months or 3 years, no difference in it. so get it to be registered for one year or up to three years.
Dr J C Vashista (Expert) 23 July 2021
It can be extended to another period of 11 months but under a fresh registered agreement as terms and conditions qua rent changes.

Stamp duty has to be paid as per State government charges, it is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
Advocate Bhartesh goyal (Expert) 23 July 2021
Though both rent note for 11 months and registered lease deed for one year is legally enforceable but in my opinion registered lease deed is better than 11 months rent note as after expiry of one year lease period you may initiate proceedings for possession of property by giving notice u/sec 106 of T.P.Act without assigning any reason or ground merely on basis of expiration of lease period whereas in case rent note for 11 months is executed, you have to initiate proceedings under the provisions of State Rent Control Act wherein you have to take any ground for eviction and have to prove it.


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