[Jaguar]

Originally Posted by carboy

Yes, that can be done - but what about the registration of the lease? Won't that require her to be there in person? Or can the registration of the lease be done at a later date?

I am not sure what you mean by registering the lease. Here in Bangalore, people just get the agreement printed in a bond paper of the required value, and both parties just sign. That is also what I do for my house in KL that is rented out and the tenant uses that to claim HRA benefits.

[carboy]

Originally Posted by Jaguar

I am not sure what you mean by registering the lease. Here in Bangalore, people just get the agreement printed in a bond paper of the required value, and both parties just sign. That is also what I do for my house in KL that is rented out and the tenant uses that to claim HRA benefits.

Registering it with the sub-registrar - https://timesofindia.indiatimes.com/...w/72378370.cms

It's an all India thing, I think - some people don't register it - but then they say that in case of problems, the agreement may not be valid in a court of law unless registered. Most people I know register it.

[tanwaramit]

Registration for lease is happening online as well. No need to visit offices, do check. A real estate agent told me this in Mumbai

[carboy]

Originally Posted by tanwaramit

Registration for lease is happening online as well. No need to visit offices, do check. A real estate agent told me this in Mumbai

I was told that you don't need to visit the registration office but both need to be sitting at some common place (say the agent's office) & do Aadhar fingerprint authentication together.

Also, irrespective of that if someone knows the answer to these questions it would be great


- Can she continue taking the same rent from the tenant even after the lease has expired?

- Can the tenant show this rent in his tax returns (i.e. rent paid even after the lease expired?)

- If the lease is done but not registered would it still hold good for the tenant's tax returns

[shipnil]

Originally Posted by carboy

I was told that you don't need to visit the registration office but both need to be sitting at some common place (say the agent's office) & do Aadhar fingerprint authentication together.

I have been doing it for last few years. It is for fingerprint authentication of Aadhaar, both of you need to be present with registration guy. There are people whom you can call at your home too. No need to go even to estate agents office.

As for charging same rent post expiry, it depends on the acceptance between landlord and tenant. If both agree, you can do it.

For tax returns, the IT dept expects rent receipts and not agreement. The agreement is required to protect your property in case of disputes, and registration of same gives it validity in the court of law and revenue to the state government.

[carboy]

Originally Posted by shipnil

There are people whom you can call at your home too. No need to go even to estate agents office.

Yes, but the case here is that my cousin (the landlord) and the tenant (and my cousin's flat) are in different cities. Is that possible?

[aashishnb]

Originally Posted by carboy

I was told that you don't need to visit the registration office but both need to be sitting at some common place (say the agent's office) & do Aadhar fingerprint authentication together.

Also, irrespective of that if someone knows the answer to these questions it would be great

- Can she continue taking the same rent from the tenant even after the lease has expired?

- Can the tenant show this rent in his tax returns (i.e. rent paid even after the lease expired?)

- If the lease is done but not registered would it still hold good for the tenant's tax returns

For the time being, you can enter into a temporary extension to the old agreement and then enter into a new agreement when possible.
She can take any amount rent.
As long as owner gives receipts, tenant can claim in his returns.
Yes. Unregistered leases are ok but better to register to protect yourself.

Originally Posted by carboy

Yes, but the case here is that my cousin (the landlord) and the tenant (and my cousin's flat) are in different cities. Is that possible?

There could be one possible solution, but you need someone tehnically strong to help you - get to a registration agents office (they'll know the offilne registration process & have the aadhar fingerprint verification hardware), ask the other person to get to a computee that has the fingerprint hardware, get remote access to second PC from first PC (using Anydeak/Remote Desktop/etc) which gives you control over second PC's hardware from firat PC, amd voila.

BTW, for the non-physical registration i.e. without visiting the office, you need to follow govt standard lease agreement and changes/addition restricted to 1000 words.

Off topic, there is a certain period allowed for registering the agreement post signing (I think 3 months, but check with a registration agent).

Off topic 2, please see to it that the agreement entered into is a Leave & License and not a Rent i.e. Tenancy agreement, not even a Lease Agreement.

[carboy]

Originally Posted by aashishnb

For the time being, you can enter into a temporary extension to the old agreement and then enter into a new agreement when possible.

What exactly do you mean by extension? How should she go about this?

Originally Posted by aashishnb

Off topic 2, please see to it that the agreement entered into is a Leave & License and not a Rent i.e. Tenancy agreement, not even a Lease Agreement.

What is the difference between these different kinds of agreements?

[setuniket]

I am assuming that the property is not covered by State Rent Control law.

If not lease agreements are governed by Transfer of Property Act.

As per the applicable law, it is not mandatory to register the lease deed if the lease period is 11 months or less.

In your cousins case, I would suggest one of the following:

1. Let the tenant continue with the enhanced rent(as applicable for renewal) and under the TP Act, the lease will continue on month-on-month basis. It can be terminated by either of them by giving 15 days notice. Register ;ease deed when your cousin can travel.

2. Execute a fresh lease deed for 11 months with the enhanced rent and re-execute registered lease deed when the cousin can travel to Pune.

3. Your Cousin can execute a Special Power Attorney with power to register lease deed only and empower someone in Pune to register fresh lease deed.

With respect to your queries.

1. Yes, the tenant cannot refuse to pay rent even for day. As long as he is in possession of the property, he has to pay rent. Lease deed or no lease deed, the liability to pay rent doesn't extinguish.

2. Yes.

EDIT: I am assuming its Lease Deed and not Leave and Licence deed.

Originally Posted by carboy

My cousin has a flat in Pune but she doesn't stay in Pune. So he has rented out the flat. The flat is in a 3 year lease agreement which is registered. Now the 3 year period is coming to an end in a month or two. The tenant wants to renew the lease, but she is unable to travel to Pune to renew the lease. She would be able to go only after a few months? What are the alternatives for her?

- Can she continue taking the same rent from the tenant even after the lease has expired?

- Can the tenant show this rent in his tax returns (i.e. rent paid even after the lease expired?)

Are there any other good options for her?

[aashishnb]

Originally Posted by carboy

What exactly do you mean by extension? How should she go about this?

it is like a short-term arrangement between the two parties. Can be a one pager or even on the mail between the two parties. The licensee can request and the owner can allow the licensee an additional period of 2-3 months under same terms & conditions as the expiring agreement.
Both parties can, durin this period decide on the new agreement and get it registered as per convenience.

What is the difference between these different kinds of agreements?

Without getting into too much legalese, rent agreement creates tenant's right in the property and he'll be protected under Rent Control Act after staying for a particular period, therefore never done now-a-days.

Between, L&L and lease, Lease gives higher level of rights to the lessee, therefore owners prefer L&L.

[jbpanda]

Originally Posted by carboy

- Can she continue taking the same rent from the tenant even after the lease has expired?

- Can the tenant show this rent in his tax returns (i.e. rent paid even after the lease expired?)

- If the lease is done but not registered would it still hold good for the tenant's tax returns

1. Yes. Either same rent or an enhanced rent, subject to mutual agreement between the parties. The understanding can be documented either by an exchange of emails or by an unregistered agreement signed at their respective places and exchanged on email for future reference and records. When both parties have acted on the understanding, like - continuing with possession, payment of rent by tenant and acceptance of rent by landlord, etc. the same coupled with the above would suffice to demonstrate mutual intent. An unregistered lease/ leave and license agreement for 11 months is enforceable. That can be an interim arrangement till registered agreement is executed and the 11 months agreement can be superseded.

2. Yes, as stated above. The unregistered agreement would suffice for the purpose of tax return. Even money receipts issued by landlord specifying that the receipt is acknowledged towards rent should suffice for tax returns.

3. As stated above. It would suffice.

[jbpanda]

Originally Posted by carboy

It's an all India thing, I think - some people don't register it - but then they say that in case of problems, the agreement may not be valid in a court of law unless registered. Most people I know register it.

Lease/ Leave and License Agreement for a period beyond 11 months is mandatorily required to be registered, otherwise in a dispute situation, neither party can enforce the terms against the other. In such a situation, the agreement can only be used for collateral purposes, that is, for any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immovable property.

[vinu_h]

Requesting advice from the lawyers here.

We are planning a class action(~150 apt's) against the builder for failing to meet the statutory obligations. As of now, a few lawyers that we've consulted, have asked us to do this via a consumer court. Few others are saying that while the consumer court can provide their view, execution can only be ordered by a high court. Is this true ? If so, should we approach the high court directly ?

Thanks in advance.

[Jaguar]

Originally Posted by vinu_h

We are planning a class action(~150 apt's) against the builder for failing to meet the statutory obligations. As of now, a few lawyers that we've consulted, have asked us to do this via a consumer court. Few others are saying that while the consumer court can provide their view, execution can only be ordered by a high court. Is this true? If so, should we approach the high court directly?

Not sure if you can directly approach the high court directly without approaching the lower court. I also own a similar-sized apartment and we have a case going on in the lower court against the builder (one of the top tier builders in Bangalore). The case is almost a decade old, with no end in sight. However, ours is a land issue wherein some land shown in the initial drawings was not part of the final project. Since yours is a statutory issue, it might get solved faster.

[jbpanda]

Originally Posted by vinu_h

We are planning a class action(~150 apt's) against the builder for failing to meet the statutory obligations. As of now, a few lawyers that we've consulted, have asked us to do this via a consumer court. Few others are saying that while the consumer court can provide their view, execution can only be ordered by a high court. Is this true ? If so, should we approach the high court directly ?

Assuming your builder is a private company and also assuming that you are not located in any of the 4 metros (where High Courts have original side jurisdiction), prima facie directly approaching High Court does not appear to be an option under its appellate jurisdiction. You may consider filing a consumer complaint collectively or a complaint before RERA, with the later option being comparatively expeditious. Post a favourable order, you may file for execution in the same forum which passed the order.