rental agreement on stamp paper
shafa
(Querist) 07 June 2009
This query is : Resolved
Is leave and license agreement on stamp paper valid without registering with government or without paying stamp duty? What if its notarised by legal expert?
A V Vishal
(Expert) 07 June 2009
No,
According the amended law, registration of rental & lease agreements irrespective of the tenure must be mandatorily registered. It is not acceptable as evidence in case of non registration.
M. PIRAVI PERUMAL
(Expert) 08 June 2009
I do agree with Mr. Prabakar. Mr. Vishal can you please tell the exact amendment in this regard.
sanjeev murthy desai
(Expert) 08 June 2009
Dear Shafa,
With out paying the proper stamp duty to the government regarding rental or lease or leave and license that documents are legally invalid and those documents should be stamped under the stamp act and stamping is mandatory otherwise it is impounded under the provisions of stamp act and also inadmisable in evidence.
More than 11 months of any rental or lease or leave and license those documents should be registered under registratration act.
The Notarised and Paying stamp duty both are different concepts from each other.
Y V Vishweshwar Rao
(Expert) 08 June 2009
Dear Prabahker Ji
In AP - AP Amendment Act No;- 4 of 1999 wef 1-4-1999 - Sec 17 (d) is amended as ;-
( lease of Immoveable Property )
A V Vishal
(Expert) 08 June 2009
I think Mr Prabhakar & Perumal have got their answer.
J K Agrawal
(Expert) 08 June 2009
stamp duty is subject of stete list and state law prevail central laws. So the stamp law is different in each state. Please consult local advocate for proper advise.
However lease which is not yearly or for less then one year 100/- stamp required. registration not necessary.
Uma parameswaran
(Expert) 09 June 2009
The concept of Leave and license recognized by Bombay Rent Act under section 13A2, does not provide any specific period and also it is not create any right title or interest in the immovable property and does not require registration under Indian Registration Act (section 17(2) )
