Kachwala Misar & Co.

 Rakesh

 18 Years Exp

 Residential Lease Agreement (Show More)

 Mumbai , Kalbadevi

 View Answers by this Partner (5)

 Profile Views : 18179

Information

Residential leases are contracts signed between owner of a property and a potential tenant who wishes to occupy the property for a period of more than eleven (11) months. Such leases are often very similar to typical short term rental agreements with a difference only duration or period of contract.

Residential leases signed for long periods of time often have clauses which are exactly the same as that of conventional rental deeds. The format followed too is pretty much the same. Some of the important clauses in a long term residential lease include-

    Duration of the contract
    Rent, security deposit and maintenance charges
    Consequences of breaching the contract
    Code of conduct expected from owner and tenant
    Method to be followed in case a dispute arises
    Conditions of contract renewal

Residential leases have to be drafted with care to make sure that future legal battles do not ensue between the owner and tenant. This means that the lease has to be comprehensive enough to leave no room for loopholes.

Whether you are an international retailer or an independent local seller, Retail Spaces Specially Mall Leasing can provide your business with the ideal solution to enhance your sales through leasing in Tier1 cities and also in upcoming cities and towns across the country.


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Name : Rakesh

Law Firm Name : Kachwala Misar & Co.

Country : India

City : Mumbai

State : MAHARASHTRA

Practicing Since: 2007

About Your Firm : We are a solicitor firm having practice domain of Arbitration, Civil, RERA, NCLT, property, Testamentary, Society, Revenue, drafting, documentation and Conveyancing.

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Subject :  Drafting a Will
Question :  Can i specify an under construction property in the Will? The property will be delivered only after a year. But i want to register the Will now by bequeathing my properties to my son. Is that possible?

Answer by Kachwala Misar & Co. :  Yes. But how do you demonstrate that you have right in the under construction property? I presume that you would have a allotment letter or registered agreement executed by the Builder/Developer in your favour. Please mention the details of the same also in the will.

Subject :  Cost of rental agreement
Question :  What is the total cost of rental agreement including stamp paper for rental in Hebbal apartment and how much time to send

Answer by Kachwala Misar & Co. :  Please share more details rather the ready reckoner rate. Stamp Duty would depend upon the Rent amount, License Period and the Security Deposit and only then the amount payable can be decided

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Power of attorney of house
Question :  My house is on name of my grandmother. There are no any nominee or will or power of attorney of house. There is only dastaveg of house which is on name of my grandmother. But she is no alive. What is the prosidure to make that property on name of my grandfather. There are no any proof of marriage.

Answer by Kachwala Misar & Co. :  Apply for Succession Certificate or heirship certificate from court.

Subject :  Registration of property
Question :  Hello, I want advice on property registration. I have flat of 900 super built up area in Patna which I want to sell for Rs 27 lakhs. A buyer has agreed and an agreement has been made accordingly. However as per valuation the value of a property of 900 sq feet in my area is Rs 36 lakhs. Now the buyer wants to register the sale deed at Rs 36 lakhs. As payments will be made to my bank account, what will be the legal aspects and tax problems as payment amount will be Rs 27 lakhs,and I shall have to pay income tax accordingly. Please advice on the course of action to be taken. Thank you

Answer by Kachwala Misar & Co. :  Sir, If your agreement value in the agreement is Rs 36 Lakhs then FIRST buyer will have to show the proof of payment of RS 36 lakhs and SECOND in your books of accounts the income received would be RS 36 lakhs and you will have to pay tax on that. In any case, you can register the property with consideration as Rs 27 lakhs and pay stamp duty on Rs 36 Lakhs.