Renting property: registered license agreement and lease
Querist :
Anonymous
(Querist) 07 January 2019
This query is : Resolved
I have recently bought a resale flat in Pune. There was a tenant staying in the flat with whose company is a Public Sector Undertaking (PSU) there was an unregistered lease agreement on stamp paper with the previous owner for two years. When I purchased the flat recently, the lease agreement got over.
However, the tenant staying there wished me to continue the same type of agreement with his PSU for another 11 months, which appeared okay from my personal requirement.
I figured out that in Maharashtra registering an agreement for the purpose is mandatory. However, stamp duty on a lease agreement is large, and do not protect the interests of the owner well.
Therefore, I wanted a leave & License agreement, which the company is not ready to entertain, and direct agreement between me and tenant won't allow him to get House rent Allowance from the company.
In that case, the tenant suggests me to do (i) an unregistered lease agreement with their company on a 500/- stamp paper (then company will pay me directly the rent for the flat), and to address my concern, (ii) have a separate Leave & License agreement between me and the person staying in the flat which shall be registered.
Please suggest if the above will be legal and safeguard my interests as an owner ?
kavksatyanarayana
(Expert) 07 January 2019
Lease and lease & licensing agreements are compulsorily registerable documents. even for 11 months. so get it registered.
Dr J C Vashista
(Expert) 09 January 2019
Unregistered L & L may not be exhibited in evidence.
An anonymous author may not expect obligation of experts as per rule of this platform.
