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SATYENDRA T (ACCOUNTS EXE)     04 February 2020

Regarding 11 months rent agreement notary on stamp paper

What should be the value of stamp paper for 11 month rental agreement? What will be the stamp duty for Rent of Rs 4000/- PM? Can I use the stamp paper purchased from AP for the Rental property in MH?


 5 Replies

Joy Bose   04 February 2020

It all depend on the period for which rent deed is being made, for period of 11 months, rent deed can be made on non-judicial paper of any value ( Rs10-Rs200 as it pleases you) as that rent deed is not being registered with sub-registrar, but simply attested by notary public. For rent deed beyond 11 months only registered rent deed with sub-registrar will be valid and the Stamp duty payable shall be depending on the rent being settled for the premises.

As per the Stamp Act, no fixed rule is prescribed for stamp paper. It can be used in another State.

Akshay   04 February 2020

Hi

That is a great question

Customarily, a stamp paper of Rs 20 - Rs 100 can be utilized for a Rent Agreement of an 11 months duration.

Most of teh rent agreements are made for 11 months is because of the convenience and the cost.

This meaqns if the rent term is elevated by another monthe,say 12 months,a number of laws will come into exercise, making the process sophiscated for both, teh tenant and the landlord.

Additionally, if the rent agreement is prepared for 12 months or more,the registration process becomes a must, which brings along additional cost like registration charges, stamp duty charges, and so on.On these grounds, renting tenure is kept up to an 11 months period.

So from monetary perspective, stretching the rent agreement beyond the 11 month span would be uneconomical and from a legal viewpoint.

According to me if you move forward to 12 months and more rent agreement  it will cost you more . So better to make a 11 months agreement.

Hope this will help you

Best regards

Akshay Gupta

 

kavksatyanarayana (subregistrar/supdt.(retired))     04 February 2020

As per Registration Act, the lease for 11 months the registration of Lease is not compulsory.  But in some states, it was amended that the leases for any period are compulsorily registerable document (as per Amendment (MP. CS. AP, UP ., etc) act to Registration Act and the stamp duty payable also amended.  so check in your state. 

Advocate Suneel Moudgil (Advocate)     05 February 2020

adequately replied by the experts

Lokesh Loki   30 May 2020

hi, i didn't serve the notice period. however, i have paid full security amount to owner. i had to vaccant the house as I'm not getting salary from company. what are the consequences, if I m unable to pay the rent amount for a month and i vaccant the flat without informing the owner during lockdown???

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