Rent agreement
LKaushik
(Querist) 04 March 2014
This query is : Resolved
Dear Experts,
We have rented out portion of our house ( 1st floor) on rent in Haryana. I have the following doubts related to the rent agreement which was provided by the real-estate agent, i request your expert views on the same:
1. The rent agreement is not on stamp paper but has a special adhesive stamp of value 10 Rs on it. Does the special adhesive stamp serves the same purpose as that of a stamp paper?
2. As the special adhesive stamp is of 10 Rs, but the rent is around 10,500 Rs, is the Rent agreement understamped? In case if it is understamped, what value does the document has in judicial proceedings in court of law?, Is there a chance that the document is viewed as null and void or there will be a penalty associated with it if produced in the court of law?
3. No where in the rent agreement it is mentioned that the property is on leave and license basis or lease basis. How to make sure that the document is not interpreted as a lease agreement and puts us (Landlord) in trouble. Mentioning here that it is mentioned in the rent agreement that 1.
" The property is let out to the tenant on monthly rent basis on the request of the tenant".
2."Rent of the following premises is Rs 10,500 and shall be effective from "01,11, 2013" and shall be continued initially for the period of 11 months".
4. If in case the document is read as a lease agreement, will the following clause mentioned in the rent agreement help to vacate the premises, " Tenancy may also be terminated by the land-lord by giving one month notice to the tenant for getting the premises vacant. "
Thanks,
Kaushik
ajay sethi
(Expert) 07 March 2014
you have to check the stamp act of your state as to proper stamp duty on your agreement . you can submit document for adjudication to collector and pay the stamp duty determined . it i also advisable to register the agreement .
it is also necessary to go through the agreement entered into to determine whether it i lease or leave and license agreement . contact a local lawyer
