A rental agreement tin can exist verbal, written or unsaid. Withal, a written agreement serves as evidence and summarises the terms and atmospheric condition mutually-accepted by both parties. Once both the parties agree to the terms and conditions mentioned in the agreement, it cannot be altered without their mutual consent. At a fourth dimension when tenancy disputes are growing past leaps and premises, it is of the utmost importance to secure a property by drafting a thorough rent/lease agreement and further, registering the understanding at the nearest sub-registrar's role. Registering a rental agreement makes it legally binding and safeguards the rights of both parties in case of future conflicts

99acres Rental Agreement Service

Why should you register a rent agreement?

A registered rental understanding is vital for a discord-free landlord-tenant relationship. Not only does it foster the human relationship between the two parties but too protects their rights. Further, it informs others nearly the ownership of the holding. The landlord/tenant should never settle for an oral agreement since it is not bound by police and therefore, should always insist on executing a written agreement.

Another key benefit of registering a rental agreement is that information technology acts as legal evidence and can protect the landlord from any legal dispute in the future. When a deal involves a significant nugget such as a residential property, the landlord needs a document that protects him/her legally in instance of whatsoever dispute or opposition from the other party in the future.

When to register a rent understanding?

Co-ordinate to the Registration Deed, 1908, applicable to all States, (except Jammu and Kashmir), a 'charter' includes all entities such as residential belongings, commercial property, undertaking leased for tillage, hereditary allowances, fisheries, ferries, rights to ways, lights and any other benefit arising out of the land (excluding timber or crops cultivation). All these properties should be registered if they are leased out to a tenant for a period of more than than 11 months. A rent agreement that lasts simply or bottom than 11 months does not require registration.

Information technology is also prudent here to add together that while information technology is not mandatory to register rent agreements having durations of lesser than a year, information technology is still advantageous and proactive. A large number of disputes regarding the legitimacy of xi-month rent agreements take taken identify in diverse Loftier Courts and the Supreme Courtroom of India, where in some instances, xi-month agreements accept been deemed as inadmissible in court. Therefore, future disputes are not worth the savings of stamp duty and registration toll by not getting a rent agreement registered.

How to register the rent agreement?

Visit the nearest sub-registrar's office for registration. However, it is important to keep track of the time when the deed was created. The registration must be made at least iv months before the date of human activity expiration. After this, a fresh deed has to exist created. This is applicable to all legal documents mandating registration barring a property will.

To register the deed, both the parties - the tenant and the landlord. should be present forth with two witnesses for testament. If both the parties are not present at the same time, he/she must sign the Power of Attorney, granting attorney the rights of agreement closure.

What are the documents required for rent agreement registration?

  • The original proof/evidence of ownership or championship of the property
  • Property documents such every bit Alphabetize Ii or tax receipt of the property to be leased
  • Two photographs of each of the parties and one of each of the witnesses
  • Copy of the accost proof of both the parties and witnesses. Passport, Aadhar Carte du jour, Ration Card, Depository financial institution Passbook or Driving License; any of them can be submitted as the address proof.
  • Route map of the belongings leased out

What are the registration charges?

Registration charges vary per state. Stamp duty charges are also applicable. These also vary per State. For instance, in Delhi, stamp duty charges for a property rented out for a period of 5 years is 2 percent. Similarly, a 3 percentage stamp duty is levied on properties leased out for more than five years only up to ten years.

Is online rent agreement registration possible?

Online registration of rental understanding is possible in Maharashtra and a few other states. For this, the individual/landlord needs to create a profile by referring to the east-filling website ( https://efilingigr.maharashtra.gov.in/ereg/ ). Subsequently creating the contour, the user needs to enter various details of the property such as village, taluka, holding type, surface area, address and other available details.

Upon successful completion, the landlord has the pick to brand payment of postage stamp duty charges and fees online past generating an online challan receipt. Postal service successful payment of the requisite fees, the landlord can volume an appointment with the sub-registrar. He/she needs to arrive at the sub-registrar'southward function on the date with all the necessary documents to ascertain successful registration of the property.

For other States, both the parties along with the witnesses have to visit the office of the sub-registrar to get the human activity registered. Here's how to register a hire understanding in Delhi .

How do I make a rental agreement online?

Various online platforms offering the service of making a rental understanding online. 99acres.com likewise provides such a service. While the steps may vary per platform, the fundamental process involves the following elements:

1. Input the details almost the landlord, tenant, property address, terms and conditions such as lease elapsing, monthly rent, and security deposit corporeality, amidst others. You lot tin can choose betwixt a lease agreement and a get out and license agreement, as per your preference.

2. You will be required to preview the prepared agreement to confirm whether or non all the inputted details are authentic. Postal service the same, you have to make a payment to the platform via whatsoever acceptable payment mode such as UPI, debit card, etc. The components of the payment volition include the applicative stamp duty charge (you may have to calculate information technology), convenience charge and delivery charge (these charges vary per platform), as well every bit the applicable Appurtenances and Services Tax (GST).

3. The platform volition have the online rent agreement printed on a postage paper of advisable value and go it delivered to you lot. If you want a soft copy, you can ask for the e-postage and the online rent agreement sent to your email. The average fourth dimension for commitment of the hard copy of the rent agreement is 3-five working days.

Can a rental agreement exist signed online?

Yes, most platforms offering online rent agreements provide an option to sign the contract digitally. Portals generally ask for the signature of both parties after the payment for the service has been made, and the agreement has been generated. Post that, there will be an option to share the understanding with both parties then that they can digitally sign it. After both parties have signed the agreement, they tin can download the online rental agreement.

Section 5 of the Information technology Human action, 2000, provides legal recognition to digital signatures.

Tin an online hire agreement be registered?

Yes, an online hire agreement can be registered. The rent agreement should either be printed on postage stamp newspaper or have an e-postage affixed every bit the front page. Platforms that generate online rent agreements provide these services as applicable in a State or Spousal relationship Territory (UT).

However, while the parties (tenant and landlord) can take the appointment for the registration online, they will take to exist physically present at the office of the Sub-Registrar of Assurances to conclude the procedure.

Is an online rent agreement valid?

Yes, an online rent understanding is legal and valid if:

  • The agreement has been drafted with the mutual consent of the tenant and the landlord
  • It has been digitally signed by both parties or printed and then signed
  • It is printed on a stamp paper of appropriate value or has an e-stamp affixed at its start.

While an online hire agreement is valid, it needs to be registered at the concerned role of the Sub-Registrar of Assurances to have legal backing. For instance, in case of a dispute, an un-registered rent agreement (even if it has a elapsing of bottom than xi months) may not be accepted equally testify in courtroom. Thus, it will brand dispute resolution much more than fourth dimension-consuming and complex.

How to become a difficult copy of the online rent agreement?

Once both the parties have digitally signed the online hire agreement, the platform providing the understanding generation service will either send the hard copy of the rent agreement forth with the printed e-postage paper or the rent agreement printed on the stamp newspaper to the accost provided by the service user. The delivery generally takes three-5 working days.

Over the years, in that location has been a surge in the number of tenant-landlord disputes arising due to several reasons. No landlord/tenant would e'er like to go trapped in a legal state of affairs. Thus, to avoid whatever unwanted legal situated in future, information technology is essential to go the rent understanding registered before entering into a rental state of affairs. There is a high probability that if you get your rental agreement registered with the local registrar, you tin easily avoid unwanted legal situations.

Are notarised and registered rent agreements different?

Basically, a notarized understanding is a simple rent agreement printed on a stamp newspaper,  attested by a Public Notary (majorly advocates and lawyers) whereas a registered hire agreement is printed on a stamp newspaper and registered with the sub-registrar of the area, just like sale deed. Landlords and tenants should know that, unlike notarised understanding, the registered rent understanding is admissible in the Court in case of whatever legal proceedings.