(Expert) 06 March 2008
UNDER Section 55 (1) of the Maharashtra Rent Control Act, 1999, any agreement for Leave and License or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the Registration Act, 1908. Section 55 (2) imposes the responsibility of getting such agreement registered on the landlord.
It further provides that in the absence of a written registered agreement, contention of the tenant about the terms and conditions on which the premises have been given either on leave and license or even let out shall prevail. Under Section 55(1) it is clear that only the agreement of tenancy or leave and license executed between the landlord and tenant or the landlord and the licensee is required registration.
In Article 5 of Schedule I of the Bombay Stamp Act, the Stamp Duty payable on such leave and license agreement is only Rs. 20/- (subject to verification) and the registration charges will be the minimum registration charges payable under the provisions of the Indian Registration Act.
(Expert) 13 May 2008
In Maharashtra it should be Rs. 20/= only.