Stamp paper under which article for rent agreement in punjab
Querist :
Anonymous
(Querist) 29 October 2024
This query is : Resolved
Hi,
Some stamp vendors and deed writers suggest I buy stamp paper under Article 19 (Certificate or other document), while others suggest I buy it under Article 5 (Agreement or Memorandum of an Agreement).
The list of Articles for Punjab also seem to contain Article 35 (Lease). [ List - https://www.shcilestamp.com/List_of_Article_PB.pdf ]
• Under which Article should I purchase the stamp paper for 11 month rental agreement for immovable property in Punjab?
Sorry for being anonymous, but it is important.
T. Kalaiselvan, Advocate
(Expert) 29 October 2024
The purpose of buying the stamp paper is for leasing out your property.
The lease agreement will not be enforceable if it is executed by an unregistered document, hence ignore the topic of which section of stamp act to be invoked for preparing the lease agreement and approach the issue through a deed writer in the local to solve your problem in this connection.
Querist :
Anonymous
(Querist) 29 October 2024
Does that mean the Article for stamp paper is not relevant?
Local deed writers also have divided opinions regarding the Article for stamp paper for rental agreement (11 months), with some saying it should be Article 5, while others feel it should be Article 19. Then there is also Article 35 (Lease).
I was informed that 11 months rental agreements do not need registration to be valid around here.
T. Kalaiselvan, Advocate
(Expert) 30 October 2024
As per the latest rent control act it is mandatory that rental agreement has to be registered irrespective of the period.
Querist :
Anonymous
(Querist) 30 October 2024
As far as I know, the Model Tenancy Act has not been adopted by Punjab yet.
• In those circumstances, I would like to know under which Article (5, 19, or 35) should the E-stamp paper be for 11 months rental agreement for immovable property?
T. Kalaiselvan, Advocate
(Expert) 30 October 2024
It is local law hence better you may consult a local lawyer experienced in the subject and proceed as advised
kavksatyanarayana
(Expert) 30 October 2024
Under Article 35 of Punjab Stamp duty schedule, lease for one year or below, the duty payable is Rs.1.5% on the total rent.
Querist :
Anonymous
(Querist) 01 November 2024
For unregistered 11 month rental agreements, is stamp value of Rs. 100 sufficient, to be deemed valid and admissible in court, considering the Model Tenancy Act has not been adopted by Punjab yet?
T. Kalaiselvan, Advocate
(Expert) 01 November 2024
If the state government has declared that the stamp paper worth Rs. 100/- is sufficient for entering into the proposed rental agreement then that should suffice, nothing prevented yo from enquiring about it in the local because it is a local subject varying from one state to another across the country
