RENT AGREEMENT DRAFTING| किराया समझौता |
Автор: MKS LEGAL VENTURES
Загружено: 2021-11-07
Просмотров: 5744
Описание:
#Rent_agreement #Drafting #Lease_Agreement #Legal_drafting #leaveandlicenceagreement #Law #legalhelp
LEAVE AND LICENCE AGREEMENT/TENANCY AGREEMENT/RENT AGREEMENT
A contract between a landlord and tenant, whereby the former gives the latter the right to occupy a home or residential premises for a certain period, is termed as a rental agreement. It is one of the most vital documents for both parties to avoid future disputes.
Difference between
RENT AGREEMENT
&
LEAVE AND LICENCE AGREEMENT
Ownership of Property
In a leave and license agreement, the tenant cannot claim any ownership of the property as this agreement doesn’t come under the rent control act of India. In this agreement, the owner licenses the property to the “tenant” and leaves the property.
When it comes to rental agreements, tenants may claim ownership of the property after staying in the same place for at least 10 years. They can claim it under the Rent Control Act of India. In this case, landlords have very limited options to vacate the tenant or increase the rent.
A rental agreement that is registered gives a tenant certain right to the property. In Mumbai, there are many tenants still paying Rs. 15/month and sitting on the prime property due to the rent control act! As per their rental agreement, as long as they pay rent on time, they cannot be evicted. To avoid such a situation, execute the rental agreement only for 11 months. The 11-monthly rent agreement doesn’t come under the rent control act.
Why is the rent contract done for 11 months
We must have noticed that mostly rent agreements are made for 11 months. We may even wonder why that is so. This is mainly done so that the stamp duty and other charges could be avoided. Under the Registration Act, 1908, registration of a lease agreement is compulsory if the lease term extends 12 months. If an agreement is registered, the parties will have to pay stamp duty and the registration fee. If the agreement is made for 11 months it could save a few extra bucks and the time that the entire process of registration would take.
Section 17 of the Registration Act 1908 makes it compulsory to register a lease agreement Section 17(1)(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.
#WATCH_COMPLETE_DRAFTING.
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