Transfer of tenancy agreement
Lalit Chhaya
(Querist) 23 September 2015
This query is : Resolved
Importance and legal validity of Transfer of Tenancy Deed and Parties involved
Old Tenant (Seller) & New Tenant (Buyer) & Landlord (confirming) ?
Stamp Duty as per Reakoner ?
Registration compulsory ?
Any draft available for such transactions
P. Venu
(Expert) 24 September 2015
Please state your real problem if any.
Kishor Mehta
(Expert) 24 September 2015
Sir,
According to The Maharashtra Rent Control Act 1999 the following procedure has to be followed:
[i] The Landlord has to obtain a release deed from the existing tenant for the tenanted premises and get it duly registered.
[ii] Then the Landlord has to enter into a fresh tenancy agreement with the new tenant, pay the requisite stamp duty, as per Reckoner, and get the deed registered.
Registration in both the cases is mandatory.
Good Luck,
Kishor Mehta
Advocate. Arunagiri
(Expert) 24 September 2015
If the landlord is confirming what is the need for transferring the tenancy. The new tenant can straight away enter a new tenancy agreement with the landlord.
