How To Register Rent Agreement In Delhi

Under Section 49 of the Registration Act, all the rent agreements over the period of eleven months must be registered at the office of the Sub-registrar. On the other hand, it is not mandatory to register a rent agreement of period under 11 months.

Why registration of rent agreement is important

As per the Registration Act, if a rent agreement is not registered, it cannot be admissible as evidence. That means, in case of a dispute between the landlord and the tenant, the un-registered rent agreement does not hold any recognition and thus no arguments and judgement can be made on the basis of an un-registered rent agreement.

A rent agreement must mention the following clauses clearly:

• Duration of the tenancy
• Security deposit and monthly rental to be paid
• Penalty for late payment
• Usage charges like electricity, water, cooking gas, telephone, internet and cleaning charges to be borne by tenant as usual
• Any additional charges like maintenance charges, club house fee, power back-up charges, etc. to be borne by landlord or tenant as applicable
• Provision of parking at a designated space
• Inventory of materials being provided in the premises. This includes all electrical fittings, fans, geysers, furniture and fixtures
• Provisions on whitewash, maintenance and repairs
• Prohibition on making any structural changes in the premises and undertaking any construction resulting in permanent structures
• Safety and security norms
• General up-keeping and peaceful possession of the premises without causing any disturbances or nuisances
• Lock-in period, if any
• Provisions regarding keeping pets, especially dogs and cats
• Sub-letting, which is generally prohibited by the landlord
• Notice period for vacating the premises
• Conditions for renewal of the agreement

Documents required for registering the rent agreement

In order to register a rent agreement, the landlord is required to present the following documents:

• Proof of ownership of property, in original
• Aadhar card
• Another government ID proof: driving license, voter ID card or passport
• 2 passport size photos

The tenant, on the other hand, is needed to present the following documents:

• Government ID proofs mentioning the permanent address. For example, driving license and voter ID card. The PAN card can be used as photo ID proof, but as it does not mention address, a tenant still requires to submit a copy of the aforementioned documents
• Aadhar Card
• 2 passport size photographs

Stamp duty, registration and other charges on rent agreement registration

For rent agreement between 1 and 4 years, stamps worth 2 percent of the total annual rent are required to be bought. A security deposit of Rs 100 will also need to be paid.

For rent agreement between 5 and 10 years, stamps worth 5 percent of the total annual rent need to be procured. For tenancy duration from 10 to 20 years, 5 percent of double the annual rental value needs to be paid.

Besides the above stamp duty costs, Rs 1,100 also need to be paid towards registration charges.

Procedure to register the agreement

Delhi has moved from conventional stamp papers to e-stamping system operated by Stock Holding Corporation of India Limited (SHCIL). The e-stamped agreement papers can be procured from the e-stamping vendors and the draft can then be printed on these papers.

Once it is done, you can visit the Sub-registrar office respective to your district and register the deed paying the registration fee through demand draft. You can locate the address below- 

Source: www.delhi.gov.in 

Rent agreement sample-