Whethere stamp duty is required while registering the lease deed when the owner is paying the proper

Guest (Querist) 30 September 2014 This query is : Resolved
Dear Sir,

I have a query.

Our Company M/s Gemini (Tenant) has taken a building on lease and the owner of the building is SOL (Owner). The building and both the owners and tenants are residence of Hyderabad. Now we are undergoing audit in our company. Auditors are asking us to get lease deed registered and when we approached the sub registrar office they said that when property tax is paid by the owner of the building then there is no need to pay stamp duty while registering the Lease Deed accordingly we have asked for GO/notification where it states that "NO STAMP DUTY IS REQUIRED WHILE REGISTERING THE LEASE DEED WHEN OWNER IS PAYING THE PROPERTY TAX" they clearly stated there is NO NOTIFICATION /GO. in our case SOL has been paying the property tax and the term of lease deed is 1 year. But our auditors are asking what is the proof that No stamp duty is required.

Hence i request you to kindly let us know whether stamp duty is required or not in case of registering the lease deed and Owner is paying the property tax.

I am also attaching the draft of the lease deed for your reference.

Kindly do the needful

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Anirudh (Expert) 30 September 2014
Who pays the property tax is immaterial.

The question is whether the property is under lease and if the lease is for a period exceeding one year. Only if the lease is for a period exceeding one year, the same is required to be compulsorily registered otherwise not.

Guest (Querist) 30 September 2014
Dear Sir,

The property is under lease sir and the term of lease is for 1 year.

But our auditors are forcing us to get the lease deed registered.

And we have been facing the problem with stamp duty.

ajay sethi (Expert) 30 September 2014
company can afford legal fees . contact a local lawyer

Rajendra K Goyal (Expert) 30 September 2014
Consult local lawyer / legal adviser of the company and show him all the documents.

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