Retrospective agreement is valid and can be made on stamp paper of back dated.
I have rented my house to a tenant and the previous agreement was for the period from [deleted] to [deleted]. Now, my query is whether a retrospective agreement can be made i.e., from [deleted] to [deleted] on a stamp paper purchased in the month of July 2019? How to draft the document with correct phrases to make it legal?
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- Yes , A restrospective agreement can be made legally.
- You should add a clause in the agreement that the agreement deemed to have commenced from the retrospective effect, as both parties of the agreement agreed , and no party of the agreement having objection for the same .
1. Rent /Lease agreement has to be mandatorily Stamp Duty paid and Registered, BEFORE start of Rent /Lease period.
2. By virtue of the above, IF Rent /Lease agreement is execute for retrospective periods, THEN it would amount to suppression /concealment and would invite prosecution leading to confiscate of document & penalty.
Stamp paper of later date cannot be used for a transaction of leave and license of a tenure previous to the stamp paper date
Your query can be answered by a local advocate based on the proper information you may furnish to him/her including drafting the rental agreement as per your requirement following the legal procedures as envisaged in law.
See you can make agreement from past date mentioning that you and tenant orally agreed these condition and now you are reducing same in writing the agreement validity period can be mentioned.
NO. Agreement will execute of present date. In it, can be mention that tenancy is effective from that date and will be for this much period or up to that date.