It is the owner`s responsibility to register the lease, otherwise the lessor may have to pay a fine of 5,000 Ds and expect a prison sentence of up to three months. If the leave and licence contract is not registered and there is a dispute between the lessor and the tenant, the contractual terms invoked by the tenant are considered to be the actual and correct conditions under which the property was granted to the tenancy, unless there is evidence to the contrary. However, for Maharashtra, the law has been strengthened and, in accordance with section 55 of the Maharashtra Rent Control Act 1999, any lease or leave and licence agreement must be written and the same must be registered in a mandatory manner, regardless of the length of the lease. Stamp duty is the levy of the state on various real estate transactions. You have to pay a stamp duty if you buy a property and also if you are going for a lease. Stamp duty must be paid under Section 3 of the Indian Stamp Act, 1899. In accordance with Section 17 of the 1908 Registration Act, leases of more than one year must be registered with local authorities. Both parties pay stamp duty and registration fees. As a general rule, the tenant must pay the additional rental fee. The stamp duty rate for holiday and licensing contracts is the same for residential buildings and commercial premises.
The leave and licence contract can be executed for up to 60 months. A lease agreement may take effect retroactively as part of the contract. However, stamp duty cannot be retrodated. The Information Technology Tribunal rejects the taxpayer`s HRA right to rent paid to the mother: an analysis. Before taking a premise for rent, make sure these details: In order to reduce the impact of stamp duty, people have used to pay a substantial amount as an interest-free surety, as well as nominal rent. This gap has been filled and, in cases where a refundable deposit is recovered by the owner, a fictitious annual rate of 10% is set on an interest-free deposit and you must pay stamp duty at the same rate for each year of the term of the licence agreement.