I wanted to know stamp duty for Rent agreement in State of Maharashtra. I have gone through the Bombay stamp act , but did not find there anything. pls advice.
what is difference between Rent-lease and leave and license ?
anand das (service) 12 January 2010
I wanted to know stamp duty for Rent agreement in State of Maharashtra. I have gone through the Bombay stamp act , but did not find there anything. pls advice.
what is difference between Rent-lease and leave and license ?
A V Vishal (Advocate) 12 January 2010
Inspite of the statutory provisions governing grant of a license the distinction between a Lease and a License is very fine resulting in spate of controversy and litigation therefore, the intention of the parties are the real test for ascertaining character of a document. Honble Supreme Court of India in Khalil Ahmed Bashir Ahmed v. Tufelhussain Samasbhai, AIR 1988 SC 185, their Lordships laid down the propositions as well established
(9) A license is determined by the death of the grantor, while a lease is not.
anand das (service) 14 January 2010
Dear Mr Vishal,
Thank you very much for your wonderful explaination between lease and license. It clears distiction between lease and 'Leave & License'.
However, my query is regarding-RENT.
1. Which article of Bombay Stamp Act mentions about duty payable on Rent?.
2.and especialy duty payable on rent for 11 months?
3.The duties payable on Lease and 'Leave & License ' are given therein. I could not find -for RENT.
4. Further, what is the diff between lease and Rent?
Please advice.
Suresh CSLLM (Service) 27 February 2010
Rent Agreement covered under "Leave and License" or 'Lease' depending upon the terms of agreement and intention of the parties.
If its very limited in nature and by rent agreement a person is having mere right to use the property, then it will be license and liable to stamp duty under bombay stamp act as such.
Suresh CSLLM (Service) 27 February 2010
Rent Agreement covered under "Leave and License" or 'Lease' depending upon the terms of agreement and intention of the parties.
If its very limited in nature and by rent agreement a person is having mere right to use the property, then it will be license and liable to stamp duty under bombay stamp act as such.