UN-REGISTERED RENTAL AGREEMENT MORE THAN A YEAR
Abdul Ravoof
(Querist) 23 April 2011
This query is : Resolved
Dear Sir,
Could you please help me how can I make it valid of an un-registered rental agreement because the tenant has filed the case saying “oral agreement” . The tenant purposely hiding the written agreement and we landlord wants to make it evidence this unregistered agreement. I heard one can validate by paying some penalty, etc to make it registered and submit to the court for evidence of such agreement. Can you please clarify this subject in detail? And how much I have to pay stamp duty / penalty for this registration?
Thanks a lot.
A.Abdul Ravoof
Devajyoti Barman
(Expert) 23 April 2011
Tenancy agreement s not compulsorily registrable document. So you can safely exhibit the same in the suit for eviction of the tenant for which no impounding would be ordered.
Abdul Ravoof
(Querist) 23 April 2011
Thanks and I really appreciate your quick reply. But in Tamilnadu if any Tenancy agreement more than a year, must be registered paying stamp duty as per Rent Control Act. Our lawyer also confirming the same. If such case what would be the impounding expenses.
Guest
(Expert) 23 April 2011
Agreement, if available in writing and duly witnessed by indeendent witnesses, is valid even if not registered.
niranjan
(Expert) 23 April 2011
in gujarat it is compulsory.
Advocate. Arunagiri
(Expert) 23 April 2011
Penalty can be paid for the deficiency of revenue stamp. Unregistered documents, which ought to have registered, can not have a legal validity.
R.Ramachandran
(Expert) 24 April 2011
When you produce the unregistered-agreement in your defence, the court would impound the document and send it to the Collector of Stamps. There you have to pay the penalty and fine, and also the defiency in stamp duty if any and registration charges.
Thereafter the document will become admissible in evidence.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 April 2011
All over India any agreement of lease for period of more than one year has to be registered.
Under certain acts such as Mah rent control act even there is fine of five thousand and jail for six months to landlord if lease agreement is not registered.
M/s. Y-not legal services
(Expert) 05 December 2011
yes mr.abdul.,
your understanding is correct., not only in tamilnadu, if a tenancy agreement below one year mean its need nit to registered.. but if its more than one year mean its should be registered.,
otherwise you can not claim any legal right., even with the support of the witnessed peoples you can try to prove it.,
ajay sethi
(Expert) 05 December 2011
yes in mahrashtra tenancy agreement has to be compulsory registerable .
