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C.Arasamuthu (Advocate)     05 December 2012

Stamp duty payable on agreement for lease not for lease deed

Dear All

Nowadays we everybody knows very well that most of the people those who are working in the Government sector don't have patience in scrutinizing documents.

I faced a problem. Still it is under debate.

We are planning to do a lease deed for a short term period. For which we are ready to pay the applicable stamp duty and registration fee.

In that lease deed itself, we are incorporating a clause stating that, "if the Lessee wish to renew the lease for another long term, a separate lease deed shall be executed @ a lumpsum consideration". It is only an agreement clause. It may be exercised or not. As of now we putting up the agreement clause only. Not the actual lease deed clause. And the long term lease will also come to effect only after the exution of the separate lease deed.

I explained the case to the registering officers. They are not accepting this. They said the long term lease come to effect on the date of execution of this agreement lease itself.

 

I contested that, this is only an agreement which may be enforced or not.

Once if we want to enforce, then we will execute a separate lease deed. At that time only the long term lease will come to effect. At that time we will pay the duty & fee for a lease deed.

Now we can pay the duty and fee applicable only for an agreement.

They are not ready to accept my contentions.

Note. At present we are putting agreement clause only. Not lease deed clauses. Please discuss, while executing mere agreement clause, why should I pay for lease deed charges?

 

With regards

C.Arasamuthu

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Learning

 2 Replies

nilesh chawda (tax consultants)     08 December 2012

WHICH STATE???? READ BOM H.C .DECISION IN CASE OF BALMER LOWRIE & LARSEN & TOUBRO 

C.Arasamuthu (Advocate)     10 December 2012

In Tamilnadu


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