LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jai thadani (Tech lead)     19 January 2010

Rnt Agrement starting from April 2009 on Stmp Paper July-09

 Hi All

I have a rental agreement with my parents starting from May-09 to March-10

But the stamp paper used has date July-09

Hence is that agreement a valid agreement that can be used for HRA-related submission documents..

Thanks and Regards

Jai Thadani



 11 Replies

Anil Agrawal (Retired)     19 January 2010

 Is it to be registered?

1 Like

jai thadani (Tech lead)     19 January 2010

Registered means getting it done type from a bond writer and signed by myself an my parents..

This is Rental Agreement to be submitted to my Office-Finance for HRA related tax-rebate

So I assume yes this might well have to be registered

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     19 January 2010

 REGISTRATION MEANS THE BOTH PARTIES TOGETHER GOT REGISTERED THE DOC IN THE REGISTRAR OF STAMPS IN THE LOCAL JURISDICTION BY PAYING THE NECESSARY FEE AS DUTY.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     19 January 2010

What is the date of execution, the date of signing of the agreement by your parents and you. for IT purpose registration as advised by Adv.Reddy may not be required. However, the date is important . clarify this

 

1 Like

jai thadani (Tech lead)     20 January 2010

 Thanks for replies..

Yeah we are not getting it registered...

So Rental period :- 01-Apr-09 to 31st Mar 10

Agreement has been made on Stamp Paper dated 30th July

whereby agreement states that Rental Period is starting from 01-Apr-09

clearly stating 30th July as agreement date and Rent tenure starting on 01-Apr-09

Now when both parties have mutual consent stating that agreement has already started but put on paper like 3 months after the tenure, does this sound as a valid document

But Admin people in my company suggest they cannot accept any such agreement which has been executed on 1st of Apr 09 but put on paper bit late (on 30th July)

Regards

Jai Thadani

Anil Agrawal (Retired)     20 January 2010

 Putting the cart before the horse! It is invalid agreement. It is like post dated cheque.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     20 January 2010

 This is perfectly a valid agreement. Agreement can be verbal and can be recorded in writing on stamp paper subsequently. In this case, the parties have executed this in paper in july  with retrospective effect. Please explain this to your HR Department.

vasudevan

1 Like

jai thadani (Tech lead)     20 January 2010

  

Mr. VASUDEVAN Thanks a ton

Sorry using very naive and commoners language but is it possible for you to let me know the law no or reference to such cases as I had a debate with my Admin and the type of things coming from them were very proof-less...

As I have to go through lot of pain in getting my documents getting accepted from them...

Once again thanks alot to all the folks for replying to this thread

SS (Other)     21 January 2010

Hi Jai! For legal explanation, let's go to the root of all problems: "What's a contract?" A contract is an agreement enforceable by law (this is section 2(a) of the Contract Act). Further, an Agreement can be oral or written, or even implied by conduct.

In your case, you had an oral agreement with your parents to initiate the tenancy/lease. Thereafter, both parties decided to reduce this understanding to writing. Legal.

However, please note that you are required by Registration Act to get this lese deed registered as the duration exceeds 11 months.

1 Like

jai thadani (Tech lead)     21 January 2010

 Thanks MR SS

I will surely try to make an agreement lease less than or equal to 11 months...

 

g s pandey (advocate)     22 January 2010

but take care that date of execution should be after or on the date of purchase.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query