A Lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, or in perpetuity, in consideration of a price. A lease deed is generally written whenever an owner gives his property to a tenant on rent for a certain period of time. A lease agreement may be made in respect of a Shop, Office, Flat, Apartment, Builder Floor, Bungalow, Unit in a Commercial Tower or Mall, Industrial Site, farm houses, agricultural lands etc.

How we can help in the Registration of Lease Agreement:

  1. We will draft/review your Lease Deed.
  2. We will purchase the e-Stamp Paper.
  3. We will take the date for the registration of lease in the Sub Registrar office.
  4. We will pay the Government registration fee.
  5. We will facilitate the registration process at the Sub registrar office.
  6. We will collect the registered Lease Deed from the Sub Registrar office.

According to Section 105 of the Transfer of Property Act, 1872, a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.

A lease of an immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a registered instrument. Therefore, it is compulsory to get a lease/rent deed registered in the sub registrar office if the lease is for a term of 1 year or more. Where a lease of immovable property is made by a registered instrument, such instrument shall be executed by both the lessor and the lessee.

Important points to note in relation to registration of Lease Agreement in Delhi are:

  1. Stamp duty is payable @ 2% of the average annual rent in the case of lease agreements for a term up to 5 years and @ 3% of the average annual rent in case of agreements for a term greater than 5 years, but up to 10 years.
  2. Registration fee is payable through online e-registration receipt.
  3. Both the Lessor/Landlord(s) and Lessee/Tenant(s) have to present themselves before the Sub Registrar for the execution and registration of the Lease Agreement along with their two passport size photographs and identification documents such as Aadhaar Card, Voter ID Card, Passport etc.
  4. The Presence of two witnesses along with identification documents such as Aadhar Card etc. is also required in the Sub Registrar Office.

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