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extend the rent agreement when abroad


I have given my flat on rent in Thane and my tenant wants to extend the agreement for 2.5 months more after the expiry of rental period. I am in USA as of now and power of attorney is given to my father. But my father is also in USA as of now. In this case, how the agreement can be extended? 

My tenant advised me that we can notarized the rent agreement to minimize the registration expenses. Is it safe to rent flat without registration (only notarized) for 2.5 months? 

My agent suggested he can send agreement printed on stamp paper of Rs. 500/- and send them to USA via courier. Then my dad can put a signature on it and send them back. Then agent will notazied the agreement and take signature of tenant on that. Is it legally okay if one party is not available while notarizing documents?

 

 

 
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Lawyer at Supreme Court of India

Sir,

 

Yes its fine, but registered is the best and most authentic way to prove things in the court of law.

 

Warm Regards

Kapil Chandna Advocate

9899011450


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Thanks Mr. Kapil for your quick response!

 
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Bhavin I agree with the advice given by Advocate Kapil. if you trust your tenant then you can proceed with a noterized agreement. 

 

Regards

Aman Mishra

 
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Advocate

This may cause problem because your father is also there in USA at the time of signing this extension of rent agreement, especially if this has to be notarised in India while your father signs it in US.

In my opinion, do not run a risk, you may even allow the tenant to remain on an oral tenancy with his assurance to vacate after 2.5 months, or else you can issue notice to vacate the oral tenancy which is valid n law. 


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ADVOCATE

Dear Queriest,

As far as I am concerned, since your father is along with you in USA, you better execute a POA, one who is in Mumbai, India exclusively to sign and execute the registration of the rental agreement and got it registered.  POA can be taken printed out in the plain paper and the same may be adjudicated here in India.  I think this would solve your problem.


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ADVOCATE

Dear Queriest,

As far as I am concerned, since your father is along with you in USA, you better execute a POA, one who is in Thane, India exclusively to sign and execute the registration of the rental agreement and got it registered.  POA can be taken printed out in the plain paper and the same may be adjudicated here in India.  I think this would solve your problem.

 
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ADVOCATE

Dear Queriest,

As far as I am concerned, since your father is along with you in USA, you better execute a POA, one who is in Mumbai, India exclusively to sign and execute the registration of the rental agreement and got it registered.  POA can be taken printed out in the plain paper and the same may be adjudicated here in India.  I think this would solve your problem.

 
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Thanks for your response Mr. T. Kalaiselvan. I think, I will go ahead with your suggestion to allow them to stay on verbal commitment. As such, I don't see any issue would come up from tenant during this extended period. But in worst case, I will (I guess) still have upper hand legally.  

 

 

 
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Thanks for your reply Mr. K. Gopalakrishnan.

Executing POA and get it registered looks bit costly route just for 2.5 months. Also, my dad would be in Mumbai after a month so, technically its a question of one month. I would be agreed with your suggestion if this would have been an agreement of 11 months. 

 
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