Residential Rent Agreements

How To Register A Rental Agreement?
The Registration Act, 1908, maintains that, among the documents that require compulsory registration, “leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent” as one. Hence, if the duration of your Lease Agreement exceeds or is 12 months, the registration of the Lease deed/Rental Agreement becomes imperative.
For the purpose of registration of a Rental Agreement after the draft is printed on a Stamp Paper of respective denomination, the document shall be presented for registration in the Sub-Registrar Office situated within the sub-district of the location of the immovable property. On any working day, the timings for customers or visitors is from 9.00 am to 1.00 pm.

At the time of Execution of a Rental Agreement, both the parties, the Tenant and the Landlord, along with two witnesses have to be present. If not, only that person authorised to do so through a Power Of Attorney is counted as a permissible presence during the attestation of Rental Agreement. Registration by any other person or agent is prohibited. The stipulated Registration fee is to be paid through a bank pay order – Cheque or Demand Draft. Sub-Registrar Offices in Delhi are Sub Registrar IV Seelampur, Sub Registrar IV A Shahdara/Seemapuri, Office of Deputy Commissioner – North East, Nand Nagri.

At the time of registration, if you should come across any officer appointed by the government misusing the resources at his/her disposal or is the cause of an injury to the applicant, you can always report the same to the court. Under the registration Act of 1908, the suggested breacher of law can be held and put to prison up to 7 years.

Documents Required For Registration Of Rental Agreement In Delhi
For the purpose of Registration of a rental agreement, the following documents are to be enclosed along with the document in order for it to be attested –

2 recent passport sized photographs of both the parties, here the Tenant and the landlord along with that of the two witnesses.
Proof of identity of each of the parties and the witnesses. The copy of documents admissible as Proofs of identity are- Election Identity Card, Passport, Identity card issued by Govt. of India, by Semi-Government, Autonomous Bodies, or Identification by Gazetted Officer.
If the Property is under lease from DDA. L & DO, MCD, Industries Department, Labor Department of Delhi Government, then carry a copy of the permission of lease for Registration of the document.
No Objection Certificate, as stipulated under the section 8 of ‘Delhi Land (Restriction and Transfer) Act, 1972’ from the Tahsildar of the subdivision from the district the property resides in. This is to certify that your property is not under acquisition.

Is Registration Of Rental Agreement Necessary?
Registration is made mandatory to all except 11-month rental Agreement, through the Delhi Rent Control Act, 1995, with a sufficiently good cause backing it. Non-registration of a Rental Agreement or the very absence of a Rent Agreement has the tendency of showcasing the real fraudulent shades of people who might otherwise look like they mean well! Why else do you think there is a different Rent Control Act in all the states of India, each suiting to its own metropolitan needs? There have been cases of disputes where the Landlord and Tenant in spite of having a Registered Rental Agreement have had to put up with lengthy legal proceedings for misunderstanding a certain clause.

Any Rent Agreement to withstand the grueling dissection of its clauses must have strong clauses! This way you can avoid disputes on Pet Allowance, Maintenance charges, Parking charges, Renovation, and Security guards. These are but a few clauses that can be the cause of a dispute. Sometimes water supply shortage can also render a Tenant helpless enough to want to file a case. It is because of this looming threat of uncertainty of having either of the parties not keeping their word that the Law recommends you to register your Rental Agreement. While we have tried to convince you to believe this is in the interest of your own good and have still failed to persuade, you must know non-registration of Lease Agreements can attract penalty and in worst cases, a prison sentence up to 3 months.

Stamp Duty Charges
To save our own bureaucracy by being eaten by its own pile of papers, Delhi has introduced e-stamping facility too. The e-Stamping facility, currently prevailing in few of our metropolitan cities, has wound its way into Delhi through the SHCIL (Stock Holding Corporation Of India Limited) which seeks to address the problem of fake Stamp Papers that otherwise circulated the city. This effectively solves the problem of having Franking machines in order get real Stamp Papers. For more information of where to procure Stamps Papers and the vendors that populate Delhi one can visit the SHCIL website.