Rent agreement

Querist : Anonymous (Querist) 30 June 2020 This query is : Resolved
I want to prepare a rent agreement but due to COVID-19 courts are closed so can I prepare rent agreement on my own on an A4 size paper and signed by both the parties is it valid for any future disputes?

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While you can draft your own rent agreement, simply writing it on A4 paper and signing it won't make it legally valid for future disputes. Rent agreements must be executed on appropriate stamp paper, with the value determined by state stamp acts and often based on the annual rent. Agreements longer than 11 months require compulsory registration, though many opt for 11-month terms to avoid this. Sub-registrar offices are operational for registration, and online options may be available, even for notarised agreements.

kavksatyanarayana (Expert) 30 June 2020
Rent agreement shall be registered.

Dr J C Vashista (Expert) 01 July 2020
All Sub-Registrars (throughout India) are functional for execution and registration of Leave and Licence or Rent Agreement.
Even if you are opting for notarised (un-registered) agreement you are required to draft it on a stamp paper of Rs. 100/- and get it attested by Notary Public.

P. Venu (Expert) 01 July 2020
Yes, you can draft the agreement on your own; there are standard drafts available.

K Rajasekharan (Expert) 01 July 2020
In order to make your rent (lease) agreement valid you should make the deed in appropriately priced stamp paper.

If you are using a low value stamp paper you have to pay a heavy amount as fine to make it admissible in evidence when you produce it in a court as part of a dispute.

The amount of stamp paper required for rent agreement can be found out from the stamp act valid in your state. Use an up-to-date copy of the act for reference as the amount of stamp paper is amenable to change in any state budget.

The value of the stamp paper required for rent agreement may be different from that of a simple agreement.

The former may be arrived at based on the annual value of the rent amount involved. The latter would be a fixed amount of Rs 100 or 200. In Kerala the former is 2.5 per cent so and the latter is Rs 200 now, it seems.

Regarding registration, all lease (rent) agreements need not require registration.

The agreements exceeding one year requires compulsory registration. That is why most of the lease agreements are for 11 months. This difference is provided for in the registration act, it seems.

In Kerala, there is e-stamping facility now.

To familiarise how such things happens you may make a casual look at the following link, which includes stamp rates, model document format and other help documents, provided at http://keralaregistration.gov.in/pearlpublic/index.php

SHIRISH PAWAR, 7738990900 (Expert) 01 July 2020
Hello,

Rent agreement on A4 size paper is not valid. You have to pay stamp duty and registration charges. Now all sub-registrar are working and you also have the option of online registration .

Rajendra K Goyal (Expert) 01 July 2020
Appropriate stamp fee has to be paid for execution of the rent agreement.
In many states, rent agreement for 11 months need not be registered.
You can get format for rent agreement online, can execute after changes as per requirement.

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