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Clarification related to terms & conditions for rental lease agreement
08-Mar-2023 (In Landlord/Tenant Law)
I intend renting my apartment to a tenant in Gurgaon, and want to know: (1)is 11 month lease standard practice? (2) should i insist on company lease, or is individual lease OK? (3) should i ask for PDCs for all 11 months?
Q1: So called standard practice is to avoid compulsion of registration of lease deed under the Registration Act, 1908, Section 17 Sub-section(1) clause(d),
Q2. Registration of an immovable property that is on lease for one year or more than a year is compulsory,” Whereas, registration for tenancy period of 11 months is not required, that’s why owner prefers to prepare tenancy agreement for 11 months and also applicable on Company lease, Company lease is safer than individual lease.
Q3. The cocept of post dated cheque is not a legal concept but subject matter of mutual understanding and equity, if you have reason to disbelieve your tenant than you may ask your tenant for PDCs but in present technical scenario writer of PDCs may cancel the cheque and you would have no legal remedy untill you proves the cheque was wrote on date mentioned date.
Regards,
Advocate Shravan Kumar
Q2. Registration of an immovable property that is on lease for one year or more than a year is compulsory,” Whereas, registration for tenancy period of 11 months is not required, that’s why owner prefers to prepare tenancy agreement for 11 months and also applicable on Company lease, Company lease is safer than individual lease.
Q3. The cocept of post dated cheque is not a legal concept but subject matter of mutual understanding and equity, if you have reason to disbelieve your tenant than you may ask your tenant for PDCs but in present technical scenario writer of PDCs may cancel the cheque and you would have no legal remedy untill you proves the cheque was wrote on date mentioned date.
Regards,
Advocate Shravan Kumar
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Adv. Shravan Kumar
Gurgaon | 25+ Answers
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see that would depend on the term of your agreement if you want to go for more than 11 months than lease would be a better option and if your term is less that 11 months then go for rent deed or agreement
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Adv. Akhil Bhasin
Kurukshetra | 25+ Answers
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