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Rajkumar Tiwari (Lawyer)     06 September 2010

Can a Property may be given on rent on Rs.100/- Stamp Paper

Is anybody tell weather flat or shop can be let out by making agreement of leave and license on Rs. 100/- Stamp Paper duly noterised , is it valid in the eyes of law and what remedy is available if licensee will not vacate said premises after expiry of his tenure.  



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 11 Replies

Bharatkumar (ADVOCATE )     07 September 2010

Yes, u go to court when licensee will not vacate said premises after expiry of his tenure.

R.Ranganathan (Advocate)     14 September 2010

It is only like an agreement. All types of agreements need to be on a stamp paper of Rs. 20/- as per Indian Stamp Act. So it is valid and you can approach the court if necessary.

Bobby Mani T (Lawyer)     19 September 2010

I am sorry to note that none of the above advice is according to the Indian Stamp Act whcih says any lease agreement should be on stamp paper whcih is equal to bottomry bond, which amounts to 2.5 % of the total rent for the total period mentitoned in the agreement.  The deeds whihc do not comply with this provision will have to be admitted in evidence only on remtting the penalty for the amount of stamp duty deficit.  It is better to refer to Indian Stamp Act rather than receiving foolish advices from lay men.  the stamp Act you refer must be recent.

R.Ranganathan (Advocate)     19 September 2010

Mr. Bobby Mani, I would like some clarification in this matter. Art. 35 is with regard to lease and the calculations for different periods of lease. In Art. 5 of the Act, the act states about the various types of agreements. Now nowhere in the Stamp Act there is a separate Article for Leave and Licence. So under what presumption you had taken it to be a lease. Lease is different from that of Leave and Licence.
 

Bharatkumar (ADVOCATE )     20 September 2010

Mr. Bobby Mani T this is a Agreement of leave and license not lease deed. U r give me some judjement and prove your answer for my knowledge.

Thank's

Bobby Mani T (Lawyer)     29 September 2010

yes if it is 100 rs is correct the licence deed can be made on stamp paper of Rs.100/-. I was on an impression that it was a lease agreement.

Bobby Mani T (Lawyer)     23 October 2010

The heading misled me that is Can  a property may be given on rent on Rs. 100 stamp paper ? the rent deed cannot be on rs 100 stamp paper that is what i meant. whereas leave and license can be.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 October 2010

But any live and liesence agreement after on year will give the right to tenant to be legal tenant and no eviction possible normally threafter. That why why people do eleven months agreements.

Bobby Mani T (Lawyer)     07 July 2011

Originally posted by :ranganathan
"
Mr. Bobby Mani, I would like some clarification in this matter. Art. 35 is with regard to lease and the calculations for different periods of lease. In Art. 5 of the Act, the act states about the various types of agreements. Now nowhere in the Stamp Act there is a separate Article for Leave and Licence. So under what presumption you had taken it to be a lease. Lease is different from that of Leave and Licence.
 
"

Bobby Mani T (Lawyer)     07 July 2011

being an advocate how can you say that no eviction is possible after an agreement of lease is entered into ?

are you really an advocate ? or you pretend to be one ?

Dipangkar (Business)     08 July 2011

Originally posted by :Bobby Mani T
"
The heading misled me that is Can  a property may be given on rent on Rs. 100 stamp paper ? the rent deed cannot be on rs 100 stamp paper that is what i meant. whereas leave and license can be.
"


Sir, will you please clearify, that what is the value required in a Dalil, for a  Deed of Lease  agreement to be done between a Tanent and a Landlord, for Rent of a Flat / Bullding.


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