RATI MATHUR (Sr. Specialist) 17 September 2014

Registered rent agreement

Hello All,

I have been applying for Passport and see that Registered Rent agreement is considered as valid proof of address now.

I have a rent agreement in Rs 10/- stamp paper that was given to me by my landlord/broker for period of 11 months.

is that considered a valid rent agreement.

My question is that what is considered to be registered rent agreement and how should one go about making it.

1- Landlord shy of the face that if they make 12 months rent agreement, then they have to give 6 months notice prior to tentants

Then how how should one make registered rent agreement.

2- I am leaving present address for past 2 years. Can we make rent agreement from the day we shifted to present address or it will be applicable on the date when we apply for registered rent agreement

I reside in Ghaziabad, UP

Thanks,

Rati

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1 Replies

Hardeep (Business) 17 September 2014

A registered rent agreement is one which is registered with the Registrar / Sub Registrar's office. Stamp Duty - which is a percentage of rent which varies from State to State, has to be paid on it.

An 11 month's agreement is not compulsorily registerable. However then it is not admissible in evidence . Only as a collateral evidence - to show how possession came about - can it be considered. Rest of its terms may not be considered.

In Mohammad Ahmad v Atma Ram Chauhan case indeed the Hon'ble SC has made some guidelines re five years agreements etc but the case pertained to a Shop on which rent was disputed as being too low. I am not sure if it applies to Residential Properties too.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.