High court considered the tenant statement that “after continuous follow-ups owner not ready to do registration of rent agreement."
We procure crores rupees property & give on rent also. But to save registration or stamp duty charges or other simple reason, without doing registration to sub Registrar office peoples are interested. This is illegal & will create problem to property owner. There is provision of 3 months imprisonment or Rs 5000/ penalty in Maharastra rent control act if owner fails/does not done registered rent agreement at registrar office. Ignorance of law is not a defence.
As per Maharastra rent control act all these provisions are applicable to rent agreement done after 31 March 2000. Means after execution of Maharashtra rent control act. Other important thing is that to execute rent agreement means to sign it & its registration is different thing. As per registration act rent agreement should be registered within 4 months after rent agreement. Rent agreement is beneficial not only to owner but also for tenant. It is useful for different permissions, licences, telephone connections etc. Some peoples assume that notarised document as a registered document but there is no option in law to make notarised document get registered. Registration rent agreement cannot done on Rs.500/- stamp paper.
We can flash on Mumbai high court important judgement in the case of Rohit photographer v/s Maharashtra govt. (2014 95) Mh.L.J.317) High court ordered the owner impressment to the owner as he has not registered the rent agreement.
High court considered the tenant statement that “after continuous follow-ups owner not ready to do registration of rent agreement.
If tenant makes a case for possession of property, owner cannot deny the responsibility of registration of agreement & such case
As per section 55 of Maharashtra rent control act if any rent agreement has not written & registered at all then tenants all points related to the property should be considered.
As mention above registration cost is very less as compared to property cost & feature headache. Registered rent agreements intimation to police dept. is further simple procedure.