Process of Agricultural land lease agreement
9 months ago
Hello Sir, I am from Tamilnadu and planning to lease my Agricultural land. I have a question like where to register the lease document in Taluk office ? or in Sub-Registrar office? I hear people saying we need to register at Taluk office and no stamp duty is required for Agri land and the document can be in just a white paper.
Would you please let me know the process ?
A.Dear Client,
The law regarding the requirement of registration for lease/rental agreement vis-à-vis the provisions of the Registration Act, 1908 may be summarised to say that a lease agreement is mandatorily registerable if “the lease is from year to year or if the period of lease is more than one year or if the lease mentions yearly rent.” If any of these conditions are applicable to a lease agreement, the same is compulsorily registerable in view of Section 17(1) (d) of the Act. In Tamil Nadu, the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter ‘TNRLTA’) has been enacted by repealing the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The TNRLTA provides that all tenancy/lease agreements shall be in writing and shall be registered with the Rent Authority. Before the coming into force of the TNRLTA, tenancy/lease agreements for a period less than one year were generally not registered and those exceeding one year were being registered as per Section 17(1) (d) of the Registration Act. Consequent to the new tenancy law, tenancy agreements, irrespective of their duration/period are compulsorily registerable under Section 4 of the TNRLTA before the Rent Authority appointed under the Act. This position of registration is independent of Section 17(1) (d) of the Registration Act. Being the above proposition of relevant law, you need to discuss the matter with an Advocate for guidance and steps.
The law regarding the requirement of registration for lease/rental agreement vis-à-vis the provisions of the Registration Act, 1908 may be summarised to say that a lease agreement is mandatorily registerable if “the lease is from year to year or if the period of lease is more than one year or if the lease mentions yearly rent.” If any of these conditions are applicable to a lease agreement, the same is compulsorily registerable in view of Section 17(1) (d) of the Act. In Tamil Nadu, the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 (hereinafter ‘TNRLTA’) has been enacted by repealing the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The TNRLTA provides that all tenancy/lease agreements shall be in writing and shall be registered with the Rent Authority. Before the coming into force of the TNRLTA, tenancy/lease agreements for a period less than one year were generally not registered and those exceeding one year were being registered as per Section 17(1) (d) of the Registration Act. Consequent to the new tenancy law, tenancy agreements, irrespective of their duration/period are compulsorily registerable under Section 4 of the TNRLTA before the Rent Authority appointed under the Act. This position of registration is independent of Section 17(1) (d) of the Registration Act. Being the above proposition of relevant law, you need to discuss the matter with an Advocate for guidance and steps.
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A.Dear client,
In Tamil Nadu, the registration of agricultural land leases is typically done at the Taluk office or the Sub-Registrar office, depending on the area and local practices. To be certain, it's advisable to check with the specific Taluk or Sub-Registrar office in the location where your agricultural land is situated.
Regarding stamp duty, again, it's essential to refer to the current regulations and guidelines issued by the Tamil Nadu government. Stamp duty rates can vary depending on factors such as the lease duration, the rental amount, and the location of the land.
As for the format of the lease document, it should be prepared on non-judicial stamp paper or as per the prescribed format specified by the registration authorities. Using a plain white paper for the lease document may not be sufficient, and it's essential to follow the proper documentation procedures.
To ensure compliance with the most recent regulations and procedures, it's recommended to consult with a local lawyer or visit the concerned Taluk or Sub-Registrar office in your area. They can guide you through the specific steps, documentation requirements, and stamp duty rates applicable to leasing agricultural land in Tamil Nadu.
In Tamil Nadu, the registration of agricultural land leases is typically done at the Taluk office or the Sub-Registrar office, depending on the area and local practices. To be certain, it's advisable to check with the specific Taluk or Sub-Registrar office in the location where your agricultural land is situated.
Regarding stamp duty, again, it's essential to refer to the current regulations and guidelines issued by the Tamil Nadu government. Stamp duty rates can vary depending on factors such as the lease duration, the rental amount, and the location of the land.
As for the format of the lease document, it should be prepared on non-judicial stamp paper or as per the prescribed format specified by the registration authorities. Using a plain white paper for the lease document may not be sufficient, and it's essential to follow the proper documentation procedures.
To ensure compliance with the most recent regulations and procedures, it's recommended to consult with a local lawyer or visit the concerned Taluk or Sub-Registrar office in your area. They can guide you through the specific steps, documentation requirements, and stamp duty rates applicable to leasing agricultural land in Tamil Nadu.
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