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Ashok   10 September 2016

Renting or letting out

Hi Team,

I have a small vacant property with in the boundaries of Chennai. The vacant land has a 12X12 infrastructure (watchman shed). A family of 3children with wife and husband approached us to stay there for no rent and take care of gardening in the property. They are from a remote village who wants to give better education to their children and as part of giving back to society I agreed and let them stay there. I got an electric connection for them to stay comfortable and also to water the plants that they maintain. I agreed to share Rs. 300 to 500 for the consumption charges based on the climatic conditions to reduce their burden.

So far there is no issues. But I am going to be away from the country for some time and wanted to document the scenario. Moreover the occupant have daughters who have attained their puberty, I wanted to provide them more standard sanitation facilities with in the premises instead they using the public facility provided by corporation.

I need your support to prepare a right legal contract with them in order to avoid future complications if any raise because human behavior would change any day and my good intentions may lead me to complications.

So, Please advice if I have to make my contributions towards electricity bill as maintenance compensation and make the occupants as employee (Watchman).

Or should I have to collect a small formality rent and make them formal tenets.

Please advice to draft a contract note and what value of stamp paper is required to register the contract.

Regards
Ashok



Learning

 3 Replies

Subash M R (Advocate)     10 September 2016

You can either enter into a periodical rental agreement or three/five years lease agreement with the tenant,stamp duty is applicable to both,but registration in the former's case is not mandatory usually.

Thanking you,     

saravanan s (legal advisor)     10 September 2016

Make a leave and license agreement for eleven months specifying some minimum amount as rent.agreement made for a period more than eleven months would be needed to be compulsorily registered

Ashok   12 September 2016

Hi Team,

Thank you for your inputs. However, I have one small clarification.

As suggested by the team, If I rent out, should I provide  a rent receipt on monthly or for 11 months.

Moreover, i have to show that rent to my income. where in ideal case, i will not be receiving rent from them.

Instead, would it be a good if i make a deed to mark them as watchman to the space and make my contribution as compenstation.

Your suggestions please.

Regards

Ashok


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