Unregistered rent agreement of 1971
Querist :
Anonymous
(Querist) 09 June 2018
This query is : Resolved
My grandfather made agreement with one of the tenant in the year 1971 for rent rs xx p.m.My grandfather expired and the witnesses who signed the unregistered rent agreement also expired. The tenant has got a xerox copy of original document on the basis of which he has filed a case under rent act maharashtra.The rented premises which was 115 yrs old also collapsed of the natural cause in the year 2016.My query is what are the merit of this case. Whether the handwritten agreement will be accepted by the court as a proof. The tenant stayed their till 1971 to 2005 without having a electricity supply meter on his name. FRom 2005 the tenant left to new house cause of the dilapidated condition of the house.
Ms.Usha Kapoor
(Expert) 10 June 2018
Yes. An agreement can be even oral. However, it must be proved.
Agreement on a plain paper is also valid. Only thing is whether it requires any stamp or not and also how much stamp, depends on the nature of agreement.
If any agreement which requires to be made on Stamp Paper but is made without any Stamp or insufficient Stamp, it can be produced in court but it will not be taken in evidence unless Deficient Stamp Duty along with penalty (which may be up to ten times or less) is paid as per the order of Court. On payment of the same it becomes valid agreement and will also be taken as documentary evidence.
Guest
(Expert) 10 June 2018
Repeated query, as at the following thread, but in the absence of the most relevant information:
http://www.lawyersclubindia.com/experts/Unregistered-rent-agreement-of-1971-683376.asp
