*Click on “New” to create your profile saved in the database of the e-filing site. Section 52 of the Indian Easements Act of 1882 defines leave and licence agreements. This section states: “If a person grants another or a number of other persons the right to do or continue to do something in or on the licensor`s immovable property, which would be unlawful without such a right, and that right does not constitute an easement or interest in the property, the right is called a license. If you have ever rented real estate or lived in a rented house, you must have signed a lease. Have you ever wondered why most leases have an 11-month term? Often, neither landlords, nor tenants, nor even real estate agents know why. We`ll find out. For example, if you enter into a 24-month vacation and license agreement with a monthly rent of 25,000 rupees and a refundable deposit of five Lakh Rs, you will have to pay a stamp duty of 1,750 rupees (0.25% on the rent of six Lakhs for two years and interest on one lakh for two years). It is the owner`s responsibility to ensure the registration of the rental agreement, failing which the landlord may have to pay a penalty of Rs 5,000 and punish himself with a prison sentence of up to three months. In the event that the leave and license contract is not registered and disputes arise between the lessor and the tenant, the contractual conditions invoked by the tenant are considered to be the real and correct conditions in which the property was given for rent, unless proven otherwise. If a property is rented for 24 months at a monthly rent of Rs20,000 for the first 12 months and Rs22,000 per month for the following 12 months. The registration fee for this agreement would be: 2% of the average rent for 12 months: Rs5.040, (average monthly rent is Rs21.000, the average annual rent is 21000 *12 and 2% of it is Rs5.040).
However, for Maharashtra, the law has been made stricter and, in accordance with the provisions of section 55 of the Maharashtra Rent Control Act, 1999, any lease or leave and licence agreement must be in writing and it must also be registered compulsorily, regardless of the duration of the tenancy. In accordance with Section 17 of the Indian Registration Act, which applies to the whole of India, any real estate lease agreement must be registered from year to year or for a period exceeding one year. Therefore, unless otherwise provided by state law, each leave and license agreement must be registered for a period of 12 months or more. Housing.com introduced a fully digital and contactless service to create rental contracts….