Is stamp duty and registration required to keep tenant as paying guest

I plan to keep 2 ladies as paying guest in my apartment for 11 months where I too would be living. Is stamp duty and registration required?

Answers (3)

54 votes

This is my response to you:
1. If you execute a rent agreement for 11 months then police verification will be required;
2. If the agreement is for 11 months then stamp duty and registration are not required as per Transfer of Property Act;
3. Take NOC of society and complete all other formalities.

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176 votes

Sub. Section (5) of Section 7 of the Maharashtra Rent Control Act, 1999, defines the “Licensee” in respect of any premises or any part thereof, means the person who is in occupation of the premises or such part, as the case may be, under a subsisting agreement for license given for a license fee or charges, and includes any leased to a Co-op. Housing society registered or deemed to be registered under the Maharashtra Co-op. Societies Act, 1960, but does not include a paying guest, a member of a family residing together, a person in the service or employment of the licensor, etc
If the paying guest is staying with the member there is no question of parting with the possession of the Flat.
From the aforesaid definition, it is very clear that the provisions of the Maharashtra Rent Control Act, 1999 are not applicable to the ‘Paying Guest’.
I am therefore of the view that the paying guest is staying in the premises along with the licensor and he or she has not possession of the premises or part thereof, such paying guest cannot considered as “Licensee” under the Maharashtra Rent Control Act, 1999 and therefore need not require to execute any License Agreement and therefore the question of payment of Stamp Duty does not arise.
the above section explains it all.

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331 votes

yes you will be required to pay stamp duty and register the document as leave and license, you will also be required to do the police verification of both the ladies and keep a copy of the same with you

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