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Jeevesh Mehta (Advocate )     07 September 2009

Lease Agreement Registration

Can a 11 month Lease/ rent  agreement be registered? 



Learning

 10 Replies

R.R. KRISHNAA (Legal Manager)     07 September 2009

no need.

Dharmesh Manjeshwar (Advocate/Lawyer)     07 September 2009

yes, one can register a 11 month rent/lease agreement, in fact in the state of Maharashtra, it is compulsory/mandatory to register such types of agreements which are called as a leave and license agreement.

kranthi kiran (Works In Judicial Department)     07 September 2009

Yes it requires registration. Most think that  lease for  less than one year does not require registration but it requires compulsory registration

AEJAZ AHMED (Legal Consultant/Lawyer)     07 September 2009

DEAR JEEVESH MEHTA,
 
Leases for periods less than a year  OR 11 Months do not require registration.
 

The Transfer of Property Act mandates that lease deeds for a period of more than one year should be registered.

LEASES FOR LESS THAN A YEAR:
 
The best practice is to enter into a lease deed for a period of 11 months with a conditional option to renew it at the end of that period by another 11 months, provided certain conditions are fulfilled. Such leases should also be properly stamped. The stamp duty is about 5% of the total amount of rent payable under such a lease. This duty is applicable even to an agreement of lease. However under stamping of a lease agreement or lease deed does not by itself make the lease void. In case of dispute, the court will demand that the excess stamp duty be paid along with penalty prior to hearing the case.
 
 
THE REGISTRATION ACT, 1908
ACT NO. 16 OF 1908 1*
 
PART III
OF REGISTRABLE DOCUMENTS
 
17.        Documents of which registration is compulsory.
            (1)        The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No.1864 ( XVI of 1864), or the Indian Registration Act, 1866 (20 of 1866), or the Indian Registration Act, 1871 (8 of 1871), or the Indian Registration Act, 1877 (3 of 1877), or this Act came or comes into force, namely –
 
(a)                 …….
(b)                 ……
(c)                 ……
                       
                        (d)      leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

Swapan M (Engineer)     23 September 2012

I saw your last message on this thread 3 years ago. Regulations might have changed in past 3 years. Some amendments might have been enforced in last 3 years. So, I just need to ask the same question again.

1. Does a house lease agreement less than 1 year need registration (as per current act and amendments effective as on 23rd September 2012)?

2. If registration of above document is not required, does it then require to be notarized?

Amaresh Babu (Trainer)     12 June 2013

Hi

I am leased to meet leagal advicers online!

I stay in Bangalore, I am taking a house for Lease around 7.5 lakhs.

I appreciate if someone help me how to register this lease agreement and what are the important things I should follow to safeguard my money as well as succesfully complete my lease tenure without any issues.

I wish both my owner and myself should have leagal documents and continue good relationship. 

Many thanks

Amaresh Babu

 

Sh S. Kumar (Other)     20 May 2014

Yes, you can get a lease agreement for 11 months registered. It is always better to get the lease deed registered even if it is for a term of less than 1 years. For more details, you may refer to

Lease Agreement Registration - 

https://www.onlinepropertyregistration.com/lease-deed-registration.html

R. Roongta (Proprietor)     19 August 2014

I have entered into a lease agreement for 11 months renewable for a further 11 months on increase of rent by 10%.I want to get this lease agreement registered. I have to pay stamp duty on the basis of 1 year or 2 years. My broker already paid stamp duty on the basis of 2 year agreement. Please advise.

Nagabhushana   06 August 2015

Hi , MY Name is Nagabhushana. where i have taken a house for lease for 2 years for Rs 6.75 Lakhs. I need not have to payment rent for that land & landlord need not give interest to me. the amount has been paid thru A/c Payee cheque to house owner & it got cleared in my bank a/c can you please let us know is this compulsory registration is required for this. or

Nagabhushana   06 August 2015

Hi , MY Name is Nagabhushana. where i have taken a house for lease for 2 years for Rs 6.75 Lakhs. I need not have to give rent for that house & landlord need not give interest to me. the amount has been paid thru A/c Payee cheque to house owner & it got cleared in my bank a/c can you please let us know is this compulsory registration is required for this. or this much is enough any way we have a proof for payment. and one more important thing is stamp paper i took for 500 rupess.

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