Under Section 17 of the Registration Act, 1908, leases of immovable property from year to year, or for a term exceeding one year, or reserving a yearly rent, must be registered with the Sub-Registrar. Stamp duty depends on the state and is usually calculated on rent, deposit and term. Some states, like Maharashtra, allow online e-registration of leave and licence agreements.
When registration is required
- Leases exceeding one year
- Year-to-year leases
- Leases reserving yearly rent
Process
- Draft lease deed.
- Pay stamp duty and registration fee.
- Parties and witnesses appear before Sub-Registrar.
- Collect registered deed.
Consequences of non-registration
Unregistered long leases cannot be used as evidence of lease terms and may be treated as month-to-month tenancies.
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Some states permit online execution with biometric verification.
Frequently asked questions
Why are rent agreements made for 11 months?
To avoid compulsory registration and higher stamp duty for leases over one year.
Who pays registration charges?
As agreed, often the tenant.
Is registration needed for leave and licence?
Maharashtra mandates registration of leave and licence agreements regardless of term.
Can NRIs register lease deeds?
Yes, often via power of attorney.
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