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kedar (partner)     16 May 2012

Rental agreement

Hi,

What are the disadvantages to owner for non-registration of rental agreement of flat.

From,

kedar chavan.



Learning

 4 Replies

Govind MNM (Legal Advisor)     16 May 2012

The Rental Agreements have been made compulsorily registerable in Maharashtra irrespective of whether it is made for a period of 11 months or not .

The rights of the Licensor are better protected in case he wants to go for eviction of the Licensee due to any default of Licensee. The terms and conditions need to be checked thoroughly at the time of signing of Agreement.

The Registered Agreement has better enforceability in a court of law than unregistered ones.

Hope this clarifies your query.

JANAK RAJ VATSA (ADVOCATE)     16 May 2012

if you do not register the rent agreement, then you may not be able to enforce in a court of law as and when required.

K S Dhingra (Consultant)     17 May 2012

Under Section 17 of the Registration Act, leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent are to be compulsorily registered. In other words, it is not necessary to register a rent deed where term is up to one year. Where term of lease exceeds one year, registration of rent deed is compulsory. The effect of non-registration of such deed is given under section 49 of the Registration Act. One of the consequence is that the unregistered rent deed cannot be taken in evidence before a court of law. Therefore, when the matter goes before the court, the  factum of lease may be required to be proved through collateral evidence.

S Jadhav 98336 98330 (Jadhav & Associates)     18 May 2012

If you do not register a rent/lease agreement and later on if the tenant claims that he is protected under the tenancy laws, the court will not consider that you had given it on rent/lease recently and the eviction process will be long.

If you have a registered document then the eviction process is simple.

Protect your rights by registering the document.

Also, nowadays the police have made rules that you have to also inform them about renting properties and the tenants details.

S Jadhav


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