- July 27, 2022
- Finance & Legal, News
Which Is Better: A Notarized Or Registered Rent Agreement?
Notarized Or Registered Rent Agreement: Renting out a home is a substantial source of income for many Indians, particularly the elderly, who invest their life savings in purchasing a property and enjoy the rental income during their retirement. However, letting (renting) out a property must be handled with extreme care and prudence to avoid future complications. One such caution is to execute a Leave and License agreement (or just rent agreement) while renting out property. If the lease is for longer than 11 months, a rent agreement must be recorded or notarize. The agreement, however, might be ignore if the property is rented for fewer than 11 months.
A rent agreement is a legal contract that specifies the property’s specifications, the financial consideration, and other terms and circumstances related with the renting transaction. The rental agreement’s terms and conditions bind both the renter and the landlord (owner).
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Different Methods of Rent Agreement Execution
A rent agreement can be carry out in two ways.
Notarized Contract
A notarized lease agreement is just a lease agreement printed on stamp paper and sign by a Public Notary. Public notaries in India are mostly attorneys and advocates.
In the event of a notarized agreement, the notary validates the identity and documentation of both parties before signing the document. For this process, the parties (owner and renter) must appear before the notary.
A notarized agreement is significantly easier to execute than a registered one since it may be done by just visiting the lawyer’s office and does not involve the payment of stamp duty or registration costs. The lawyer just charges a fee for a notary, which typically ranges from Rs 200 to Rs 500 depending on location.
It should be noted, however, that in the event of a legal lawsuit, the notarized agreement will not be accepted in court because it does not validate the rental transaction. It just validates the documents provided with the agreement.
Nonetheless, there is no legal necessity in India to notarize a rental agreement. However, in the absence of a registered agreement, numerous utility connections such as cooking gas, telephone, mobile, and so on require a notarized agreement.
The Benefits of a Notarized Agreement
The following are the benefits of a Notarized rent agreement:
- It is simple to complete the notarized agreement; all you need to do is go to the lawyer’s office.
- Stamp fees are not applicable: Stamp fees are not applicable on a notarized agreement. There is a notary charge that ranges between Rs 200 and Rs 500.
- The notarized paper also serves as a witness to the agreement.
- Reduces the likelihood of document theft and fraud: There is a lower likelihood of document theft and fraud.
- Genuine: The stamped document is a true and authentic document.
Why Do You Need a Notarized Rent Agreement?
- Under the following situations, a notarize rent agreement is require:
- When you want the agreement immediately or urgently
- If the rental time is shorter than 11 months
- A notarized rent agreement is created between a landlord and a renter to ensure mutual understanding. The purpose of the document is to verify the identification of the people concerned (landlord and tenant).
Registered Contract
A registere rent agreement is one that is printed on stamp paper and registered with the area’s sub-registrar. It is pretty similar to registering a property selling document. The registration procedure can be completed either online or in person at the sub-office. registrar’s Some cities/states allow for the online registration of such papers.
In contrast to a notarized agreement, a registered rent agreement is admissible in court in the event of legal actions. If the rent agreement is not register, the laws of the central government’s and various state governments’ Rent Control Acts are inapplicable.
If the rental length exceeds 11 months, a rent agreement must be registere. In some jurisdictions, such as Maharashtra, Telangana, and Andhra Pradesh, registering the rent agreement is required regardless of the renting length.
Registering a rent agreement necessitates the payment of stamp duty and registration fees based on the rental amount specified in the instrument. These fees differ by state, and some give stamp duty exemptions to women.
The Benefits of a Registered Rent Agreement
- The following are the benefits of a registered rent agreement:
- Checked: The registered rent agreement is thoroughly verified by the office’s Registrar or Sub Registrar.
- A registered agreement is admissible in court, according to the Registration Act of 1908. It also gives the owners a sense of security.
What Information Should Be Included in a Lease Agreement?
The following fundamental information should be included in the rent agreement:
- Name, address, and contact information for the tenant
- Name, address, and contact information for the landlord
- The address of a rented property
- Security deposit, maintenance fees, and monthly rent
- Both parties should agree to continue the contract notwithstanding the yearly rise in rent.
- Penalty amount if rent is not paid on time or if disruptive behaviour occurs
- Lock in time
- Contract term
- Contract termination reasons
Documents Required for a Registered Rent Agreement
A registered rent agreement requires the following documents:
- The initial proof/evidence of property ownership or title
- Original ID documentation or proof of property ownership or title
- Legal papers such as the tax receipt for the property or Index II
- Two images of each party involved and one shot of each witness
- A copy of the parties’ and witnesses’ addresses – Aadhaar Card, Driving License, Ration Card, Voter ID, or Bank Passbook
- a duplicate of the property’s route map
Agreements That Must Be Notarized
The following documents must be notarized:
- Partnership Agreement
- Durable Power of Attorney
- Willpower in General
Which Agreements Should Be Registere?
The papers which need be registere are:-
- Land or building sale deed
- Lease Agreement
- Other real estate paperwork
How Do I Make an Online Notarized Rent Agreement?
In three simple steps, you may generate a notarized rent agreement online:
- Complete a pre-approved template with all of the necessary information.
- Enclose a copy of your Aadhaar Card as well as another form of identification, such as your PAN Card, Voter ID, Driver’s License, or Passport Copy.
- Make your payment, including any service fees (depending on the locality)
- Following completion of these procedures, you will get a soft copy of the agreement through email.
How Do I Make an Online Registered Rent Agreement?
- Fill out all of the necessary information (for the landlord and renter) in the pre-defined legal template.
- Enclose a copy of your Aadhaar Card as well as other ID evidence such as your PAN Card, Voter ID, Driver’s License, or Passport.
- Finish the online payment, which includes modest stamp duty, registration, and other service fees.
- Once the agreement has been authorise, the service provider will begin the legal process. Within a few days, you will get the registered rent agreement at your door.
Registered vs. Notarized Agreement
The following are the key distinctions between a notarized and a registered agreement:
Factor |
Notarized Agreement |
Registered Agreement |
Legal status |
Not admissible in Court |
Admissible in Court |
Cost |
Lower than registered agreement |
High. Stamp duty and registration charges are applicable |
Efforts required |
Minimal efforts are require |
More efforts are require to execute, as it requires visiting the Sub-registrar |
Mandate |
Not compulsory |
Compulsory for a rental period above 11 months |
Finally, a Notarized or Registered Rent Agreement
A rent agreement is recommended when renting a home. A rent agreement may be create in two ways: a notarized agreement and a registere rent agreement. These agreements are simple to create; you may obtain one by visiting a lawyer’s or SRO’s office. A registered rent agreement, on the other hand, is extremely important since it is completely verified by the Registrar and is also admissible in a court of law.
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