Now, a few years into the twenty first century, the people are no longer silent. They have begun to speak for themselves and fight for what they believe is theirs. In a time like this, it is crucial keep your property rights by drawing up a detailed rent/ lease agreement and it can be validated by registering it at the sub-registrar in your locality. Whichever party you are, it is safer to get the agreement registered as it can be used as legal proof in case of future disputes.
Now that we covered why we need to register the rent agreement let us move on to when. As per the Registration Act 1908 (applicable to all the states except Jammu and Kashmir), a lease includes a counterpart, kabuliyat, an undertaking to cultivate or occupy and an agreement to lease. A rent agreement needs to be register only if it is being leased for more than 11 months. The property does not need registration for anything less than 11 months.
Most of the citizens will be wondering how to register their deeds. It can be done at the sub registrar’s office. It must be completed at least four months before the deed expires, beyond which a new deed must be drawn. To complete the process, the landlord, the tenant and two witnesses (for attesting) should be physically present. If one of the parties is unable to make it, then they may sign the power of attorney that allows the representor to sign the agreement.
The documents to be brought at the time of registration are
• Two photographs each of the tenant and the landlord and one photograph of each witness.
• A copy of the address proof of all the four persons signing the deed. ( passport, Aadhar Card, Ration Card, Bank Passbook or driving License can be used for the proof)
• Route map of the property leased out.
As registration fee, an amount of Rs 1,100 must be paid. This charge is independent of the rent collected or the value of the property. In addition stamp duty charges will be collected.
Registering the rent agreement online is not possible. Both parties need to be present at the sub registrar’s office along with the witnesses.