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Preeti Wadhawan (CS & Legal Manager)     11 February 2010

Registration of lease deed

Dear Friends,

We have to get a lease registered in haryana. The lease agreement has been signed by two signatories from the Lesse's side. Are both of them required to go to registrar's office for registration of document or can anyone of them go. Also, can they delegate it to someone thorugh POA

Regards,

Preeti

 



 7 Replies

sugandh (student)     11 February 2010

no preeti...they cannot delegate any one...and both will have to go in person

A V Vishal (Advocate)     11 February 2010

In case any one or both are unable to attend the registration they can authorize a third person by a SPA as per 32A of the Registration Act 1908.

Swara Devani (Practising Company Secretary )     11 February 2010

Hi Preeti,

I am a practising CS  and legal draftman based out of Mumbai and hence can share with you the experience at Mumbai. In Mumbai, the registration can only be done with presence of the signatories in person (those who have initaled the lease deed). If two directors can not visit the place for registration, i would suggest that let them sign the lease deed also and make the resolution of Power of Attorney by giving them power of executing the lease and also registration.

I know it is difficult to get the seniors to the regitrar's office and to make them wait. But this is how iti si done at Mumbai.

Pls feel free to contact for any further queries on drafting and registration.

Regards

Swara Devani

Swara J. Devani & Associates, Company Secretaries, Mumbai

swrarajdevani@gmail.com

 

 

 

Preeti Wadhawan (CS & Legal Manager)     11 February 2010

Thanks everyone for the replies. I am not sure what is the situation in Haryana as I agree it is difficult to make seniors go and get the registration.

Regards

g s pandey (advocate)     11 February 2010

Dear,

 

if the lease is signed by two persons then it is mandatory that they should be present before the sub registrar office and if they do want to go there then in that case you can execute fresh with effect from back date and give an authoriasation in favour of the person who would be present before the sub-registrar.

for any further clarification u can raise a querry.

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant")     02 May 2011

Hello all,

My company is continuously entering into lease agreements in huge number. The lease deed is for more than 3 years or so, none of them are notarized and registered, also the they are executed on rs. 50/100 stamp paer.

Kindly confirm

1.       do we need to get them notarized? If yes the relevant provision/ section

2.       do we need to get it registered? If yes the relevant provision/ section

3.       do we need to get them executed it on a higher stamp paer or pay stmp duty as I read that, on agreement to lease and lease deed: Leases for more than one year attract a stamp duty of 5% on the average annual rent and 14.5% on the deposit. This duty can be reduced by showing some of the amounts in a separate amenities agreement which need not be registered. Agreements to lease and lease deeds for less than one year also require the same stamp duty as above but as they do not require registration, they never get properly stamped. 

Its urgent kindly confirm. Thanks in advance.

Sh S. Kumar (Other)     15 May 2014

You can find more information on registration of lease deed in Delhi on the following link: https://www.onlinepropertyregistration.com/lease-deed-registration.html

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