How to register a rented property

938 votes

both the parties i.e the landlord and the tenant will have to be present before the concerned sub-registrar office along with the document to be registered and you will have to pay stamp duty and registration charges by way of a demand draft ( stamp duty and registration charges depends on the rate of rent, period of lease and security deposit), you will need the latest khatha certificate and the tax paid receipt for registration and two witnesses will have to accompany you.

Advocate Hitesh Kumar Jain LawRato

800 votes

Process of Registration of Rental Agreement
one can register the rent agreement at the Sub Registrar Office, under the jurisdiction of which the property falls. Both landlord/owner and tenant will have to sign the document in the presence of two witnesses, after which the same document will be registered by paying the stipulated stamp duty charges as well as registration fee, which varies depending on the area, rent amount and tenure. You can calculate the stamp duty charges using Stamp Duty Calculator.

All this is mandatory only if your Rental Agreement is for a duration more than 12 months. If not, registration is optional and can be opted by the wishes of the parties executing the instrument. However, it is prudent to remember, a non-registered Rental Agreement doesn’t stand as evidence in court.

Everything You Will Need To Register Your Rental Agreement
To register your rental agreement, you will need these-

Khata of the Property to be registered or PID (Property Identification Number) along with Sale deed, if available
Address Proof documents of landlord and tenant
ID proof documents of landlord and tenant
Stamp duty charges (By demand draft)
Registration fees
Two witnesses
Is It Mandatory To Register A Rental Agreement?
Whether it is an 11-month Tenancy Agreement or a Long-term Lease, an agreement can be binding in court only if it is registered in a Sub-registrar office. However, the binding force of an agreement is weighed down less heavily on an 11-month Tenancy Agreement as the laws do not make it mandatory for you to register the same because of its short span. You can hence opt for either registration or just plain signing of the instrument in the presence of two witnesses. The hiccup arises due to the fact that an unregistered 11 month Tenancy Agreement won’t stand as a determining evidence in court but rather a supporting evidence. Hence, making it an overall less effective evidence in court.

According to the Registration Act, 1908, clause (d) of sub-section (1), registration is mandatory for a property that is on lease for one year or more.
More often than not, 11-months Tenancy Agreements are not registered as they are over all too quickly and can be renewed by the end of a year with less or no hassles. However, if you should have any fears about your Tenant or Landlord, insisting on the same is not discouraged.

Disputes can arise on the most trivial of clauses, like Maintenance fees, Pet allowance, Parking charges, or hiking of rent. If all these clauses are carefully listed and registered through a Rental Agreement, rest assured you will always have the winning hand if embroiled in a legal battle.

Registered Rent Agreement As A Valid Address Proof
A registered rental agreement, even if is made for a tenure less than a year, is considered as a valid address proof document. A rent agreement executed in favor of the tenant by the landlord will be accepted as a valid address proof document while applying for a passport too. Some other cases wherein rent agreement can be used as address proof include applying for Aadhaar card, getting a new gas connection, applying for a driving license, buying a new sim card, etc.

, you can now make your own Rental Agreement, and also if you have your already prepared draft of the agreement, then you can get it printed on a Stamp Paper and delivered to your doorstep. Now click the button below and start creating your rental agreement. If you are looking to register your rental agreement in Bangalore, you can avail our service. Besides drafting rental agreements, we can help you with the registration process at Sub Registrar Office

Advocate Meera LawRato

685 votes

How can a tenant register the flat ? do you want to buy ? If you want for an address proof then you can take your rental or lease agreement which you have entered with your flat owner. Besides this you can't register anything being a tenant unless you are a purchaser.

Advocate Rajesh K.S LawRato