Legal Question in Real Estate Law in India

Lease Agreement

I wish to lease a disjoint room of mine to a doctor for his practice for 11 months. My doubts :

1) Can it be a regular lease agreement or is it commercial?

2) What value stamp paper I require for this draft agreement?

3) Should I get it notarized or registered?

4) Any other documentation or payments required?


Asked on 12/09/08, 4:32 pm

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Lease Agreement

(1) It is considered to be a regular lease.

(2) It depands on the stamp valuation of your state. Kindly contact the sub registrar or take the help of a lawyer.

(3) Registered is always preferrable for lease deed.

(4) Contact a local lawyer.

In case of need please contact personally alongwith the details.

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Answered on 12/13/08, 6:29 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Lease Agreement

(1) it may be termed commercial;

(2) No stamp paper may be required. however, contact the local revenue authorities.

(3) no registeration is required for 11 months lease;

4) just maintain records of rent receipts and include that in ur income

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Answered on 12/09/08, 9:09 pm
Nasir Butt Nasir Law Associates

Re: Lease Agreement

Although I am from Pakistan but let me answer the query:---

1. Yes, it is regular commercial lease;

2. Although I have no copy of Indian Stamp Act, but I believe it is chargeable under Stamp Act. You may consult Schedule of Indian Stamp Act which will provide actual stamp duty chargeable on lease agreements. In Pakistan, 2% Stamp Duty is charged on lease agreement executed for less than one year. Pakistani Stamp Act can be seen by clicking at http://nnbutt2000.0catch.com/laws/stampact.htm.

3. The Lease Agreement for less than one year is not compulsorily register-able as per Pakistan Law and I believe that same would be in India.

4. Any other documents or payments are not required except to track record of regular payments of monthly rents.

Local Lawyer would be in better position in doing so.

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Answered on 12/09/08, 11:56 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Lease Agreement

1. What is understood by you of regular and commercial?

2. As prescribed by Stamp Act of the concerned State.

3. As provided by the Rent Act of the concerned State.

4. As advised by your lawyer.

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Answered on 12/10/08, 12:58 am


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