Rental Agreement

It is not important who initiates the agreement. Moreover, just one original is sufficient as far as I know. Anyone pls clarify

either of the parties may take initiative to get the lease deed drafted.Iwas told that even asingle day lease is also has to be registered,there is an ammendment carried out  in the year in2005,please verify the same through an advocate in your local area. If registration is mandatory there will not be any legal rights flowing out of it.you cannot mark the same as document in the court as it is not properly stamped. 

if you are particular about initials on each page, then it is always better to have initials of both.

you can have one duplicate of the same ie photo copy.

In this matter it is important that who is interested lessor or lesses for the agreement.

1) Registration is mendatory is some states like Maharashtra irespective of period.

2) Agreement gives more protection to lessess than lessor.

3) Many people are under the misconception that eleven months agreement can be renewed any number of times to keep the tanent on leave and license basis and get possession quickly through rent control authorities instead of going to regular courts.

Please note that the moment the tanent has remained in the rented premises for more than one year which he can prove easily through mails, ration card , election card or even PAN card than the right of landord becomes limited for eviction.

Your repeated eleven months agreements have no meaning before the law of if the person has remained as a tanent for more than one year as a tanent in same premises .

Thereafter the right of the landlord to increase rent or get eviction are extremely limited.

4) Some times the rent control authorties pass orders for eviction in cases of more than one year tanency because the defense advocate do not fight the case properly.

5) In such cases aven after time lapse the cases can be got reveresed by revisional Courts or ultimately through the action at respective High Court.

An agreement must be prepared in duplicate and each party have one copy each.

It may be clarified that there is nothing like two originals of a  lease document. The lease is prepared in duplicate and signed in ink on each paper by the Lessor and the Lessee. Agreement typed on the non-judicial stamp paper is normally kept by the Lessor and its copy signed by both the prties is given to the Lessee. A copy signed in original by both the parties is as good as original  and can be presented in court by the lesse if the Lessor fails to dischrge his responibilities stated in the agreement.

Having a registered lease deed provides a better defence for either side in case the matter reaches the courts.

I do not agree with the point-3 in Mr. Shashi Kumar's post.

Leave and License gives the rigths to tenant to use the premises for a limited time which could be 11 months or more. Rights are temporary and for limited period irrespective of duration.

You wrote, "Please note that the moment the tanent has remained in the rented premises for more than one year which he can prove easily through mails, ration card , election card or even PAN card than the right of landord becomes limited for eviction."

My remarks: Do you mean same tenant in the propery for more than 1 year or occupancy of property for more than 1 year continuously? If such a situation will give owners lesser rights on the property/eviction then owners will force the tenants to leave after 11 months. This will be bad for tenants. So probably what you wrote is not true.