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Rental agreement

(Querist) 24 February 2012 This query is : Resolved 
Dear Team,

I plan to let out a shop portion for a period of two years.

Kindly let me know whether this rental agreement have to be registered and the procedures.

Deepak Nair (Expert) 24 February 2012
It is always advisable to register rental agreements.
Raj Kumar Makkad (Expert) 24 February 2012
It shall be better for you to get register Lease-cum-Rent agreement.
V R SHROFF (Expert) 24 February 2012
Do not use that word "RENT"

Give on 11 months LL AGREEMENT with provision to extend for a further period of 11 months, and get it registered.
prabhakar singh (Expert) 25 February 2012
Any tenancy or lease agreement made for a period of more than 365 days attracts registration as of legal necessity hence the practice is to enter in to a time frame of 11 months where registration is to be avoided.

A lease or tenancy agreement creates possessory right in the property leased and land lord generally faces problems in evicting tenants not respecting the agreement.

Hence now a days many land lords prefer to execute a leave and licence agreement for shorter duration like yours and get it registered so that licencee (tenant in your words)may not claim possessory rights in the property but registering such agreements is a burden placed on landlords in Maharashtra by law,however it is always desirable to register these agreement at those places also where the registration is optional under law.

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