Leave and license agreement in mumbai -- residential

As per your query it is understood that you need information regarding the lease agreement.

Renting a house or a commercial property requires a lease deed. A lease deed is a written agreement that governs the terms between a landlord and a tenant. To enforce the terms of a lease deed, you need lease deed registration.

You can get your lease agreement registered at the office of the Sub-Registrar of Assurances; in whose jurisdiction the leased property is situated. You need to register the lease within four months of signing the lease agreement. If you fail to do so, you may ask for an extension, but a hefty penalty may be levied. Both the tenant and the landlord need to be present at the time of registration. Two witnesses should also be present at the time of lease agreement registration. If one of the parties is unable to be present, then they can give the power of attorney to their lawyer and their lawyer can get the lease deed registered on their behalf.

In some states, lease agreement registration may be done online as well. For instance, in Maharashtra lease agreement online registration may be done. Let us examine the process for lease agreement registration online:

1.    You need to first check if online lease agreement registration is possible in the state where you live. If yes, then visit a government authorised website and create your profile there.

2.    You may need to enter certain information such as the location of your property, area of your property, what property type it is, address etc.

3.    Once you have completed this step, you would be given a token number which you will have to use as user ID for logging in next time.

4.    You would then be asked to enter details of the parties to the lease agreement. You need to mention details such as whether you are an individual or a company, what is your occupation, address etc.

5.    Once you have entered all the details, you will be asked if you want to pay stamp duty and lease deed registration fees online. You can pay these charges through an online challan. You need to enter certain information such as address of the property, landlord and tenant’s name, CTS number of the property (for properties already under city survey), location of the property etc.

6.    Once, you have paid the lease deed registration fees and the required stamp duty, you will need to book an appointment with the sub-registrar. Remember, that a lease agreement registration online, does not mean that you will not have to go to the sub-registrar’s office. It just makes the process of lease deed registration easier. When you get the appointment, go to the sub-registrar’s office on the said date with all the relevant documents. The sub-registrar would finalise your registration. Documents required for online registration of lease agreement are the same as those required for physical registration of a lease agreement.

Hope it helps!

Regards,

Anusha Singh