Registration of Rental Agreements is a tricky aspect for a layman with no experience with legal documents to understand. This ‘seemingly tricky’ aspect only arises from the question, “Which Rental Agreements are to be compulsorily registered and which not?” We are hence here to answer questions like these and more regarding the subject of Registration of Rental Agreements. Awareness on these subjects are close to non-existent outside the lawyer circles. Fret not, with LegalDesk.com, you can both learn the procedure of registration as well as avail online paid services to draft Rental Agreements, replete with Stamp Duty payment and delivery.
How To Register Rental Agreements?
If you have executed your Rental Agreement, consider most of the work done as registrations require little more than a visit to the local Sub – Registrar Office. Armed with the right copy of documents and witnesses (refer below), you are good to go. The registration of a Rental Agreement mandates the executing parties to be present at the time of registration, without which the same cannot be accomplished. An alternative is to leave a Power Of Attorney in the name of the person you wish to appoint in order to carry out the process of registration.
Does My Rental Agreement Need Registration?
Not all Rental Agreements elicit Registration of Tenancy / Lease Agreements. The law mandates that any Rental exceeding the duration of 12 months has to be registered in a Sub-Registrar Office. The other types of Rental Agreements, Long-Term Lease and Commercial Lease are without question to be registered in a Registrar Office since they are more vulnerable to running into court cases.
Why Should I Register At All?
Registration, by many is considered as unnecessary and an added annoyance in the long drawn process of execution of Rental Agreements. But as online facilities make it easier for you to draft a Rental Agreement, there seems to be little room for complaint. After all, registration is done to safeguard your own interest, one which should act as a firewall if you are (God forbid!) defending your position in court. Registration hence puts your case in solid ground as otherwise, Rental Agreement aren’t taken as admissible evidence in court.
Legal Disputes can arise from the most simple and unassuming causes like pet allowance, revision of rent, Maintenance cost, Security Deposits to be paid, duration for issuing notice and other numerous clauses that make up a Rental Agreement.
Registration Charges For Rental Agreements
Registration charges in Telangana for a Rental or Lease Agreement is 0.1% of the total rent payable on lease annually. There doesn’t exist a rate of registration charge as applied to Stamp Duty, but rather it is a fixed value. Registration charges are to paid at the Sub-Registrar Office, one that overlooks the affairs of registration in it’s jurisdiction (of which the property in question must fall into).
Make sure you register your Rental Agreements within four months from the date of execution, lest it shall be annulled or denied registration. Also, before registering, remember payment of Stamp Duty comes first and later Registration. Though it is permitted to print Rental Agreements on a plain paper, it however elicits the payment of Stamp Duty at a nationalised or scheduled bank through a challan, DD (Demand Draft) or a Cheque.
Presence of two witnesses are imperative to ensure your bonafide identity. A witness can be anyone above 18 years of age. Remember to checklist all the above necessities before proceeding into registration.
All The Documents You’ll Need For Registration
Here is a list of all the documents you are to gather before registration –
- 2 photographs of each of the parties along with those of the witnesses.
- Address proof of both the parties and the witnesses; ones recognized in a Registrar Offices are – Passport, Aadhar Card, Ration Card, Bank’ Passbook, and Driving Licence.
- Route Map showing directions leading to the property – A map or a sketch of the property with all the important landmarks around are to be marked for any stranger to be able to figure out the address of the said property.
- For Leasing Agricultural Lands – Produce PPBs (Pattadar Passbooks) and TDs (Title Deeds) issued by the revenue department. This is made compulsory for the registration of Lease Agreements of Agricultural Lands.
Should I Notarize My Rental Agreement?
Notarization is another optional step which can be easily ignored by the majority since once registered an instrument is more than safe from attracting penalty. However Notarization is a norm among Rental Agreements involving huge sums of money or those properties concerning commercial usage. The purpose of Notarization is merely the ensurement that the parties involved in the execution of the Rental Agreement are true to what they’ve identified themselves to be. A Rental Agreement can be notarised only by a Notary appointed the government with the following designation – Oath Administrator / Notary Public / S.E.M Advocate.
Haven’t Drafted Your Rental Agreement Yet?
Then do it with us NOW! LegalDesk specializes in the drafting and producing of customizable templates for some of the most widely used Legal Documents in India, foremost of which is the Rental Agreement. As opposed to the traditional method of drafting Rental Agreements, this should prove to be a child’s play, as practically you can get your Agreement prepared replete with Stamp Duty Payment just by dedicating fifteen minutes of your time sitting at your desk. If you want new clauses added notify us and get the soft copy downloaded or have the same printed on the right denomination of Stamp Paper and delivered to your doorstep.