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Ashwin V   13 April 2022

Lease residential apartment - 28l

Dear Sir/Madam,

I am a tenant and paying a lease deposit for 28L for an apartment in Bangalore for 3 years Lease.

If I need to register lease deed as per Karnataka Stamps Act, have to pay stamp duty 1% and registration charges 0.5% which comes around 42,000 which is quite heavy for lease.

Question: If I make an Lease agreement for 1 year and renew year on year the stamp duty + Reg fee = Rs 700, Will this be valid? And please suggest if any alternative to reduce the stamp duty.

What is the consequeces of not registring in sub registar office, the lease deed. Is it safe?



Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     13 April 2022

A lease must be registered under the law.  One can hold the property for 30 days after the expiry of the lease without registering the document.  It is left to you to decide as renewal every year is a risky affair as a landlord can enhance the rent after expiry.  Please get the draft through the advocate including the clause that the lease is renewable every year at the option of the lessee and without rent enhancement for another 3 years.

SHIRISH PAWAR, 7738990900 (Advocate)     13 April 2022

Hello,

It is your choice, you can execute 1 year agreement instead of 3 years. Landlord demands increment every year from the continuing tenant. 

Ashwin V   13 April 2022

There is no increment we both agreed.

P. Venu (Advocate)     13 April 2022

In the absence of registration, such an agreemnt would not be enforceable.

Kishor Mehta (CEO)     14 April 2022

The lease agreement has to be suitably stamped and registered. The period and terms can be mutually agreed upon. 


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