A lease form contains information about the landlord, tenant, rent amount and contractual tenancy clauses. The lease can simply be established on the legal platform doc, if necessary, complex clauses such as notice, the period of deadlock, the liability of the landlord and the tenant can be agreed in the basic format of the rent of the house. With this basic information mentioned below, the terms are included in the lease format. The length of time the tenant is occupied. The rent will be paid by the tenants. The amount of the deposit. If the tenant can have pets. If it`s the parking lot. if it is the landlord or tenant who pays for the incidental costs. If subletting is allowed. How many people can stay in the rental unit. The reasons why the owner can enter the unit. The party who is responsible for paying legal fees in the event of a dispute. The registration fee for a rental contract in Maharashtra, depends on the location of the rental. The registration fee is Rs 1,000 if the property is below an urban corporate area and it is 500 aff. if this is the case in a rural area. In the absence of a contrary agreement, the tenant bears the costs of stamp duty and registration. The basic framework for stamp duty is defined in the Indian Stamp Act of 1899, which allows states to change the same rules according to their needs. As a result, the Maharashtra government passed the Bombay Stamp Act in 1958. The payment of stamp duty on leave and licensing agreements are covered by Section 36A of the Bombay Stamp Act of 1958. Under Section 17 of the Indian Registration Act, which applies to all of India, any real estate lease agreement must be registered from year to year or for a period of more than one year.
Therefore, unless otherwise required by national law, any leave and licence contract must be registered for a period of 12 months or more. Section 52 of The Indian Easements Act, 1882, defines vacation and licensing agreements. This section states: “If a person grants another person or a number of other persons the right to do or continue to do something on or on the land of the funder who, in the absence of such a right, would be unlawful and such a right does not constitute relief or interest in the property. , the law is qualified as a licence.” If you. B enter into a leave and licence contract for 24 months, with a monthly rent of Rs 25,000 and a refundable deposit of five Lakhs, you must pay a stamp duty of Rs 1,750 (with 0.25% on the rental of Rs six Lakhs for two years and Rs a Lakh for two years). Leave and license agreement is, whether for one (1) month or for eleven (11) months, is considered 12 months, whether it is 50 sq or more, whether it is housing – trade or industry, it is the same calculation for stamp duty and for registration fees, it is different (for Urban or Rural). In order to reduce the impact of stamp duty, people paid 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. 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.
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.