Lease agreement in mumbai
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
Hi Friends,
I want to make a rent agreement between the Managing Director of my company and the Company. Whereby my MD wants to give his Mumbai situated property on rent to the Company. i want to make the rent rent agreement for 11 months.
1. i want to know whether the agreement is required to be registered in mumbai
2. what will be the consequences if i will not get it registered
3. on registration what will be the expenses.
thanks,
Poonam
M.Sheik Mohammed Ali
(Expert) 30 November 2011
1. if you agreed only 11 months no need,
2. no problem
3. you can ask your area register office.
M/s. Y-not legal services
(Expert) 01 December 2011
since you want to entered in to agreement only for 11 months, its need not to register.,
while there is no mandatory to register no problem will not arise., but your agreement attested by minimum two witnesses mean you can get your legal remedies.,
Sailesh Kumar Shah
(Expert) 01 December 2011
Disagree with both experts.
1. In mumbai, registration is compulsory.
2. non-registration attracts criminal action.
3. contact local lawyer for it.
Querist :
Anonymous
(Querist) 01 December 2011
Yah I also agree with Mr. Shailesh as according to Maharashtra Rent Control Act a lease agreement is required to be registered irrespective of its period.
but since the agreement is between the MD and his company only i want to know the consequences of non-registration.
prabhakar singh
(Expert) 01 December 2011
The consequences of non registration laid in registration Act are as follows::
49. Effect of non-registration of documents required to be registered
No document required by section 17 32[or by any provision of the Transfer of Property Act, 1882] to be registered shall-
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered:
32[PROVIDED that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property Act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument.]
There might be few more in Maharashtra Rent Control Act also;better you check them too.
ajay sethi
(Expert) 01 December 2011
UNDER Section 55 (1) of the Maharashtra Rent Control Act, 1999, any agreement for Leave and License or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the Registration Act, 1908. Section 55 (2) imposes the responsibility of getting such agreement registered on the landlord.
It further provides that in the absence of a written registered agreement, contention of the tenant about the terms and conditions on which the premises have been given either on leave and license or even let out shall prevail. Under Section 55(1) it is clear that only the agreement of tenancy or leave and license executed between the landlord and tenant or the landlord and the licensee is required registration.
if the agreement is not registered in case company refuses to vacate the flat the MD would face a diffcult time in vacating licencee
Raj Kumar Makkad
(Expert) 02 December 2011
I do agree with the detailed opinion of Ajay Sethi.
