[NPV]

MODS: A Quick search did not yield anything specific to e-Stamp, how to get it, etc so starting this. Please feel free to merge as appropriate with any existing thread.

If you're wondering where to buy stamp paper, typically in small denominations of Rs.10, 20, 50, 100 which are used for rental agreements, lease agreements and other transactions of not very high monetary value then read this.

In Karnataka, after the infamous Stamp paper scam the government decided to introduce e-Stamping and in the interim the sale of these stamp papers were restricted to a few banks, mostly State Bank of Mysore. With the introduction of e-Stamping all over the state, the printing of stamp paper has been stopped and banks have now stopped selling them (they were allowed to sell the previously printed stock).

I was in need of stamp paper for a rental agreement so on enquiring with a few folks I could gather that State Bank of Mysore doesn't sell them anymore but a few other post offices and bank branches do sell them.
SHCIL has been authorised to issue e-Stamps so you can get them at SHCIL branches or their associates (called ACC centres). Thankfully, for Karnataka there are several ACC centres mostly post offices, Karnataka State Co-operative Apex Bank and Syndicate Bank branches.

e-Stamps can be bought from:
1.SHCIL branches (Karnataka):
http://www.shcilestamp.com/SHCIL_KAR_centers.html

2.ACC Centres (Karnataka):
http://www.shcilestamp.com/Kar_Cente...ormatting.html

To buy the e-stamp, visit any of the places mentioned in the links above, fill out a form and pay the stamp charge + commission amount by Cash/DD.

I was confused till I got all this information, hope this will help others too.

[tachobells]

Thanks for the info. I was looking for this. Some more questions.

1. How does the e-stamp paper look like?
2. Do we get a blank stamp paper first on which the agreement is written or do we have to write the agreement first and then get it e-stamped?

[mayankjha1806]

Originally Posted by tachobells

1. How does the e-stamp paper look like?
2. Do we get a blank stamp paper first on which the agreement is written or do we have to write the agreement first and then get it e-stamped?

Nope, its not a blank stamp paper and something written on it. Its a separate paper with emblem and all the rest of the information regarding parties and issuer of the stamp paper. Here is the link to sample e stamp paper.

Stamp papers in Bangalore « Amusingly Simple

[NPV]

Basically, information like the identifiers for Certificate No., Doc. Reference, then the name of the parties entering into agreement, the purpose (rental agreement, etc) is mentioned on the e-Stamp paper. Below this information there is a dotted line and after that you need to begin printing the agreement matter and the subsequent pages can be continued on plain white A4 stationery or legal stationery (green coloured sheets). The key information of parties involved & purpose is anyways printed in the e-Stamp itself so it's easy to verify/validate and difficult to misuse.

[shipnil]

How is it different from franking? In Maharashtra, either you could buy a stamp paper and print matter on it or you make an agreement on plain paper and get it franked from one of the authorised banks. In franking, the bank used to put a white receipt kind of thing on the agreement mentioning the parties' name and purpose and amount paid for franking.

[NPV]

Originally Posted by shipnil

How is it different from franking? In Maharashtra, either you could buy a stamp paper and print matter on it or you make an agreement on plain paper and get it franked from one of the authorised banks. In franking, the bank used to put a white receipt kind of thing on the agreement mentioning the parties' name and purpose and amount paid for franking.

Franking also serves the purpose of paying non judicial stamp duty. The stamp is "franked"/embossed onto the document. This is usually used for documents involving larger denomination/value of stamp duty paid typically for property registration so franking is generally the common stamp duty payment/issue method adopted at most sub-registrar offices where properties are registered. In short, documents must have the legal matter printed on them before they can be franked. But with e-stamps, you can print them after buying the e-Stamp much like the printed stamp paper (discontinued in Karnataka now) and the e-stamps have more information about the parties and transaction printed on them. In addition they have the document identifiers, etc that can be used to verify/validate with the issuing authority.
In Karnataka, this is the situation:
Franking was introduced at the Sub-registrar offices way back around 2003 and also in some selected banks/branches sometime in 2008. However, it wasn't very successful/popular for the smaller denominations so it was withdrawn from the banks/associates. Now you have to go for e-Stamping for the smaller denominations. However, it is still used at sub-registrar offices for property registration.

[searchingheaven]

I could not find a more suitable thread than this one. I have just shifted from Jamshedpur to Bangalore(1st year, BE, BIT, VV Puram). I have rented an apartment in RR Nagar, 5 min. from Goplalan arcade. Now i will get a personal transport only in 2nd year, so have to use BMTC till then. Yesterday when i went to get passes, i was asked to get an address proof. . They have asked for a rental agreement.

If anyone here knows the complete procedure of getting one, please detail it to me so that i can get the pass made. Daily travel cost is soaring up to 70 rs. So i need to get it immediately.

[null]

Originally Posted by searchingheaven

...They have asked for a rental agreement.

If anyone here knows the complete procedure of getting one, please detail it to me so that i can get the pass made. Daily travel cost is soaring up to 70 rs. So i need to get it immediately.

1. Go to a bank where they issue e-stamp papers. Get a 50Rs or 100Rs valued e-stamp. some locations: http://www.shcilestamp.com/Kar_Cente...ormatting.html (suggest you go to a bank & not some agent to save some 100-200rs). Bank will charge some 10-20 rs extra as franking charges. Agent will add another 100-200 on top of it. It is quicker to go to a bank & take it yourself.

2. Compose a rental agreement text with appropriate changes made - i.e., owner name, owner's house address, tenant name (you), your house address (the one you are in - rented house), agreement start date, rent paid, advance paid, other terms & conditions etc. Google for a "rent agreement format". You will find tons of them. One example: http://work2lpo.blogspot.in/2010/12/...agreement.html

3. Print this on the e-stamp paper -- front page will accommodate some few lines (1/3rd of the page) and rest should go into the back side. Take trial print out on a blank sheet to ensure that alignment is proper (i.e., not overwriting the e-stamp text on first page). Once satisfied, print it on the e-stamp paper back to back. Try to ensure that your entire text, area of signing etc is accommodated in 2 pages (i.e., 1/3rd part on front page & full side on the back page) of the e-stamped paper.

4. Now go to your landlord & ask him to sign it (as a land lord). You sign as a tenant. Get signatures of 2 others as witnesses.

5. There you have your rental agreement.

PS: If your landlord is not there, you may need to figure out some innovative ways of getting a signature :P

[searchingheaven]

So basically, it doesn't require the landlord to be actually present at the court?

[null]

There is no court involved in getting a rent agreement done which is needed for address proof. Just follow the procedure given above.

Go to the bank tomorrow during your 11am break & get the e-stamp paper. You will have to fill up a small challan for it. Ensure that you have all details like your owner's name, address, your address etc as required for the challan.

PS: VV Puram has couple of banks (as per that list I gave you earlier) where you can go & get an e-stamp paper for 100rs.

[wickedchauhan]

All - I just thought I would let people know where they can get e-stamp paper if they live near the Indranagar/JeevanBhima Nagar/Thippasandra and nearby areas. There is this post from Chandra Kumar (http://rchandrakumar.blogspot.in/201...nt-jeevan.html).

I have checked this place out yesterday and i was in and out in 10 mins. Very easy and hassle free. Much simpler than going to BDA Complex in Domlur.

[TurboGuru]

For bhpians staying in & around HSR layout, e-Stamp available at Shree Vemana Souharda Credit Co Operative LTD. Its on 27th main, diagonaly opposite to titan eye+ (not the main titan show room, little ahead towards agra flyover). You need to fill a small form, asking owner & tenant name, add, pan no (optional).

[nijelj]

This is a hypothetical situation and questions based on that situation.

Situation: The rental agreement is made for 11 months in Karnataka. The deposit amount taken is 1,50,000Rs. The rent is 25000 rupees/month.The stamp duty actually paid is only 500rs.

Q1. Is paying stamp duty alone sufficient for a 11 month lease? Can it be a legal document without registration? As far as I read on Google, they say that for agreement for 1 year and more, registration has to be done. Other say that all agreements must be registered

Q2. Is the stamp duty paid for the above example, enough? If there is a legal case tomorrow, will the court accept this agreement as valid? I read in one site that the court may ask that the stamp duty be paid with fines and then only a hearing is given. Another site says that the agreement will be used only as a guidance document (whatever that means)

Q3. Who should insist on the new agreement at the end of 11 months, the tenant or the landlord?

Regards!

[nowwhat?]

I don't understand the need for a separate thread.

It is well known in Karnataka that you need to get everything franked for stamp duty at the sub-registrar's office. It is a painless process: Give the cash, they frank it and give it to your right away. Works for rental agreements, affidavits and the like.

[Kumar R]

Originally Posted by nijelj

This is a hypothetical situation and questions based on that situation.

Situation: The rental agreement is made for 11 months in Karnataka. The deposit amount taken is 1,50,000Rs. The rent is 25000 rupees/month.The stamp duty actually paid is only 500rs.

Q1. Is paying stamp duty alone sufficient for a 11 month lease? Can it be a legal document without registration? As far as I read on Google, they say that for agreement for 1 year and more, registration has to be done. Other say that all agreements must be registered

Q2. Is the stamp duty paid for the above example, enough? If there is a legal case tomorrow, will the court accept this agreement as valid? I read in one site that the court may ask that the stamp duty be paid with fines and then only a hearing is given. Another site says that the agreement will be used only as a guidance document (whatever that means)

Q3. Who should insist on the new agreement at the end of 11 months, the tenant or the landlord?

Regards!

Stamp duty and registration requirements are very state-centric and you should speak to a lawyer practicing in Karnataka for uptodate information.

Having said that:

(1) The stamp duty paid (Rs 500) seems to be in order

(2) Registration of lease agreements (for immoveable property) of tenure <1 year is not necessary. However the Karnataka High Court has recently [c. 2014] said that it is necessary. [I do not know if that order has been stayed, vacated or overruled]. If that order is valid, failure to register the document will result in no tenancy rights being created and the agreement itself may not be produced in a court as evidence [For eg if the tenant wants to prove he is a tenant and seeks relief against eviction by the landlord]

(3) Both parties have interest in insisting for a new agreement. Landlord, as it will make the obligation to pay rent a documented one, terms of eviction made clear, other obligation w.r.t. the property clear and so on. For tenant it is a safeguard against premature eviction by the landlord or the landlord alleging a different rent later on. In absence of a written agreement the law may presume that the tenancy is a monthly one and certain 'default' provisions in the Transfer of Property Act will apply.