Hi Guys

Had a question regarding the rental agreements.

Is it always required to go to a registration office and get the procedures done , is there any alternative to that without compromising any legality ?

The second one is just for curiosity, some societies refuse agreements to bachelors in particular, is it legal ? Can a person be denied an agreement on the basis of his marital status ?
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  • Answwer to both your questions is No.

    There is no alternative to going to the registrars office.

    No agreement can be denied on marital basis. Infact not making a leave and liscence agreement is risk for the landlord. So, I dont understawnd why would someone rent their flat to bachelors and not make an agreement.

    I think what you mean to say is socieities not allowing flats to be given on rent to bachelors. If societies decide in AGM then they can have such clause
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  • Originally Posted by allwyndsouza
    Answwer to both your questions is No.

    There is no alternative to going to the registrars office.

    No agreement can be denied on marital basis. Infact not making a leave and liscence agreement is risk for the landlord. So, I dont understawnd why would someone rent their flat to bachelors and not make an agreement.

    I think what you mean to say is socieities not allowing flats to be given on rent to bachelors. If societies decide in AGM then they can have such clause


    While talking to other people I found out that there is a thing called notary agreement (I have no idea what that means ).
    I have rented quite many places, only on one of them I went to registrar office, all of the others were taken care by brokers.

    Also whats AGM ?
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  • I think you can always do a Notary agreement instead of a court one. Only from personal experience I can say this, when I lived around Andheri, we always got around with a Notary agreement done at Andheri Court (or sub court whatever it is) and never went to Bandra court for a proper registration.

    Andheri one use to cost us around Rs 1500-2000 but in Bandra they asked us Rs 4400, couple of years ago!
    (P.S: I do not know technicalities of it, just trying to convey what I have seen)
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  • abhisharma;

    One thing that makes me curious is , I remember i didnt go to a court / office for getting registration in the past, only once I did.
    So in notary agreement I dont actually need to be present ? can i get this done by someone else on my behalf.

    Also does anyone know about the laws of partial subletting - only family allowed / company lease only / no bachelors etc.
    As far as I remember a citizen cannot be denied tenancy on these grounds but this is what I have heard, would like to see the exact rules / article
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  • Originally Posted by allwyndsouza
    Answwer to both your questions is No.

    There is no alternative to going to the registrars office.

    No agreement can be denied on marital basis. Infact not making a leave and liscence agreement is risk for the landlord. So, I dont understawnd why would someone rent their flat to bachelors and not make an agreement.

    I think what you mean to say is socieities not allowing flats to be given on rent to bachelors. If societies decide in AGM then they can have such clause


    One can register a rental agreement online if both the owner and the tenant have Aadhar cards. This service was launched by the Maharashtra government last year.

    One needs to visit the registrar's office only if it is a sale deed.
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  • Legally an agreement is valid in the court of law only if it is duly registered whether for sale or for let out purposes.
    For a tenant it doesn't matter if registration is not done, only notarised agreement is sufficient for tax purposes or any other requirements like address proof etc. But for the lessor (owner), registering the lease agreement is a safer option to avoid any hassels later if the tenant does not vacate the premise.

    Societies can stipulate conditions on who can be allowed to be let out if these conditions are passed in the Annual general Body Meeting and agreed by a majority of the shareholders (owners of flats) in the society sighting needs of safety, resources of society etc as reasons.

    However these conditions cannot be stipulated on the basis of religion/gender/cast as it is unconstitutional.
    Genrally the rules are not in written but only tacitly agreed by the society members so you can't challenge it in the court of law as the osociety would deny any such discrimination and ask the owner to sight any other reason for denying tenancy.
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  • Notary can be done by anyone; you need not be present...However for signing of the agreement and for registration you need to be present or anyone with a power of attonrey from you can do it.
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  • Originally Posted by kanwalP
    abhisharma;

    One thing that makes me curious is , I remember i didnt go to a court / office for getting registration in the past, only once I did.
    So in notary agreement I dont actually need to be present ? can i get this done by someone else on my behalf.

    Also does anyone know about the laws of partial subletting - only family allowed / company lease only / no bachelors etc.
    As far as I remember a citizen cannot be denied tenancy on these grounds but this is what I have heard, would like to see the exact rules / article


    I have never gone personally for any of the notary agreements (have got it done twice) - so I believe it is not must to be physically present yourself.
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