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Frank   23 May 2016

Avoiding to pay sd and to register

L&L deals only in CASH. No agreement, No registration, No Stamp duty. ALL IS WELL :)

Dear members,

 

We have members in our society who have given flats on leave and license basis and certain members have even rented out 'private-garages' [i.e. enclosed garages].

Both the parties' owner and tenant [or say licensor and licensee] have entered into an oral understanding so as to avoid making any written instrument to deal in cash, that is, the rent is paid in cash. Common link between the two is the Bhaijans [estate agents] of the locality.

BMC:

The BMC has been taken into confidence through local corporator and they get their share so as not to take any action on garage owners. On persistent follow-up they issued notice under section 351 to garage owners and thereafter no further action. Can a notice u/s.52 of MRTP Act, 1966 be also issued if pursued?

POLICE:

As with respect to Police the owners say that the tenants are distant relatives and since no consideration is taken there is no agreement. Consequently no verification requires to be submitted as there is no rent agreement. 

Registration and stamp duty is compulsory in such deals but unfortunately there is no provision in the Maharashtra Rent Control Act,1999 or the Registration Act, 1908 for any penal action in the face of such situations. The State is losing revenue.

What can be done to ensure that the STATE gets its revenue from these transaction?

 


Learning

 3 Replies

SAA_Bombay (Pro)     23 May 2016

Please leave away the case. 

T. Kalaiselvan, Advocate (Advocate)     28 May 2016

How are related to this case and what is your concern about this?

If you start digging up this matter you will find lot of such things happening everywhere including all the apartments in the neighbor and far off.

You may ensure such things do not bother because the corrupt authorities will not pay any attention to you if you raise this individually

adv.bharat @ PUNE (Lawyer)     29 May 2016

Registration of L & L agreement is not mandatory by law. The tenant and owner have their mutual understanding of their own & no theird person force them to do it.

But police verification is necessary for social security. In maharashtra L & L is must be registered.


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