Rent agreement and stamp
Vivek Laddha
(Querist) 20 September 2016
This query is : Resolved
Facts-
a) Both of the parties want to enter into rent agreement.
b) Both reside in Gujarat.
c) Subject matter of contract i.e. property lies in Rajasthan.
Query-
a) Can the Contract be done on the stamp paper of Gujarat?
b) If it can not be in Gujarat, whether any exception lies to execute the same at Gujarat.
adv.bharat @ PUNE
(Expert) 20 September 2016
vivek ji To do Notarized rent agreement u need to take stamp of local government or from the local party.
U need to consult local government for the same.
If u like my suggestion then give THANK on my profile.
Vivek Laddha
(Querist) 20 September 2016
Thank you for giving your valuable time. But I am not aware of the meaning of local government.
Raj Kumar Makkad
(Expert) 20 September 2016
The contract can be got executed even in Gujarat but the stamp paper is required to be obtained from Rajasthan.
Kishor Mehta
(Expert) 20 September 2016
Sir,
Each State Government has its own Rent Act in place, hence it will be advisable to get the document prepared, stamped and executed according to the applicable rules of Rajasthan, and registered at the Registrar's office that has jurisdiction over the area of the property.
Good Luck,
Kishor Mehta
Guest
(Expert) 20 September 2016
@ Vivek
See Stamp paper is nothing but stamp duty. Stamp Duty is form of tax . Or you can state Stamp Duty is tax levied on documents.
Now subject matter is in Rajashtan , So Rajashtan Rent Control Act applies for it no other state.
Stamp Duty you have to pay to Rajashtan Govt. only hence you have to take Rajashtan Govt. stamp paper.
Since Rent matter comes under state Rent Control Act , person who has studied Rajashtan rent control act should only draft proper deed
Additionally it should be registered in Rajashtan within local limits where property is situated at sub registrar of assurance and not to notary.
This is correct way , remaining anything you do with your mind will have problem
Most imp. thing you are taking Rent word. There is difference between Rent and Leave and License . So be clear what you are doing , else you may not be able to evacuate person whom you give premises for decades if you do wrong deed.
So better take help of Rajashtan Advocate only who will follow above principles which I stated
Ms.Usha Kapoor
(Expert) 21 September 2016
I Th e rent agreement should be executed in Rajasthan since Registration also will have to be done there and the property is situate in Rajassthan.You need to buy stamp paper of Rajasthan.
Raj Kumar Makkad
(Expert) 21 September 2016
The registration is required only if the rent agreement for the period more than `11 months.
Dr J C Vashista
(Expert) 22 September 2016
I agree with the expert advise of Mr. Raj Kumar Makkad but partially differ with the advise of expert Ms. Usha Kapoor wherein any lawyer can draft rent agreement, i.e., need not have studied Rajasthan Rent Control Act- as advised.
Of course the agreement has to be paid stamp duty and registration charges to local (state) government for the agreements for a period of 1 year and more.
Vivek Laddha
(Querist) 22 September 2016
Question is not thereof period. The question is stamp should be of Rajasthan or Gujarat? Where it is to be notarised i.e. Raj or Gujarat?
Raj Kumar Makkad
(Expert) 22 September 2016
Mr. Vivek! This question has already been dealt if you have seriously read the replies of almost all experts.
Vivek Laddha
(Querist) 22 September 2016
Respectfully submitting that the question is responded and all thanks to all of experts for giving their valuable time.
I have just expressed that my question was not related to period.
Raj Kumar Makkad
(Expert) 22 September 2016
Mr. Vivek! Experts try their best to provide best possible advice as per their expertise on the subject and while doing so they also touch the points more than asked in the query. If such excess advice is provided, the author should take it as a bonus instead of raising the question like you raised.
Vivek Laddha
(Querist) 22 September 2016
Makkad Sir, it was not my intention at all behind asking (and not raising). I just mentioned that we are deviating from the issue. Still if one is hurt, I am literally sorry and happy that atleast you mentioned how my language may be interpreted. Thank you, Sir. Let's be together!!
Rajendra K Goyal
(Expert) 22 September 2016
Stamp should be from Rajasthan. If registration required, same has to be registered in Rajasthan.
