Rental Agreement Registration
2 months ago
I have a house in Pune. I made a 11 months rental agreement with my tenants who are girls. Recently the housing society is forcing us to get the agreement registered and not even accepted notarised agreement. They have deleted my tenant’s MyGate access and they are getting troubled for ordering basic necessities. Can society force us to get Rent agreement registered even when it is for 11 months in case of Wagholi Pune and revoke MyGate access?
A.Dear Client,
A lease or rent agreement extending for 12 months or more must be registered; however, a notarized 11-month agreement remains legally binding even without registration. Section 17 of the Registration Act, 1908, specifies that a lease/rent agreement for a term not exceeding one year is not mandatory for registration. This implies that agreements for less than 12 months can proceed without registration, allowing parties to save on stamp duty and registration costs. Insisting on registration for an 11-month agreement by a society, with the withholding of common services, is deemed arbitrary and prejudicial. It is recommended to bring this issue to the attention of the Society's Registrar or Deputy Registrar for resolution. If unresolved, escalation to the Cooperative Court may be necessary.
A lease or rent agreement extending for 12 months or more must be registered; however, a notarized 11-month agreement remains legally binding even without registration. Section 17 of the Registration Act, 1908, specifies that a lease/rent agreement for a term not exceeding one year is not mandatory for registration. This implies that agreements for less than 12 months can proceed without registration, allowing parties to save on stamp duty and registration costs. Insisting on registration for an 11-month agreement by a society, with the withholding of common services, is deemed arbitrary and prejudicial. It is recommended to bring this issue to the attention of the Society's Registrar or Deputy Registrar for resolution. If unresolved, escalation to the Cooperative Court may be necessary.
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A.Dear Client,
A lease/Rent agreement for 12 months or longer would be considered void if it is not registered, in contrast to a notarised 11-month agreement is still legally binding and enforceable even without registration. As per requirements of Section 17 of the Registration Act, 1908, a lease/rent agreement for a term not exceeding one year is not compulsorily registrable. This means that rent agreements for less than 12 months duration can be made without registration. It allows the parties to save stamp duty and registration costs. So, society's demand insisting registration of a rent agreement of 11 months and withholding of common services are highly arbitrary and prejudicial and requires to be brought to the notice of the Registrar or Dy. Registrar of the Society for a resolution in the matter failing which you may escalate your grievance before the Cooperative Court.
A lease/Rent agreement for 12 months or longer would be considered void if it is not registered, in contrast to a notarised 11-month agreement is still legally binding and enforceable even without registration. As per requirements of Section 17 of the Registration Act, 1908, a lease/rent agreement for a term not exceeding one year is not compulsorily registrable. This means that rent agreements for less than 12 months duration can be made without registration. It allows the parties to save stamp duty and registration costs. So, society's demand insisting registration of a rent agreement of 11 months and withholding of common services are highly arbitrary and prejudicial and requires to be brought to the notice of the Registrar or Dy. Registrar of the Society for a resolution in the matter failing which you may escalate your grievance before the Cooperative Court.
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