My mother lives in New Delhi , she is thinking of taking on rent 2 rooms set on rs 7000 per month . When she alone went to the landlord, then he asked for token money and she gave rs 500. At that time both agree that they will enter into an agreement of 11 months which is made on stamp paper of Rs 50 and both also agreed that there will be a clause in that agreement that on giving one month notice the tenant can leave, similarly on giving one months notice landlord can get the premises vacated. After 2 days when she went then the future landlord said that he wants proper rent agreement in court (registered one, and not on stamp paper of rs 50) . He claims that he is for first time giving his floor on rent so he don't want to take risk. She agreed to this and on advice of property dealer gave further rs 1500 as token money ( so now he has total rs 2000 as token money) Till now neither full rent is paid, nor possession is taken nor any agreement is made, only token money is given.
I became an advocate recently, but i am not in actual practice rather taking coaching for preparation of judicial services. Hence not very much aware of actual formation of documents/ drafting,etc. But i have heard that in registered rent agreement there is a mandatory locking period i.e. mininmum stay period before which you cannot leave. Is it true? or can there be a rent agreement ( registered one and not that rs 50 stamp paper) without such locking period. Actually we have our own house at delhi which we have to renovate and so we want to take on rent a house only for about 2 months (maximum 3) . Therefore we don't want any such locking/ minimum stay clause in agreement. Now the problem is that she gave token money to him without consulting me and landord is not agreeing to rs 50 stamp paper agreement .
So my question to you are -: can there be a rent agreement (i am talking registered one and not on stamp paper of rs 50) without any locking period/ mininmum stay period clause, so that we can proceed with taking on rent this house, otherwise not. Also correct me if i am wrong but i think there is also no statutory requirement by any law or rule of this locking period thing. Further the landlord is saying that expenses of such agreement i.e registration fees of rs 4000 will be born in 50-50 proportion by both parties, is it so?
Any other advice on rthis matter is most welcomed.
