• Rental agreement

1. I own a house in Hyderabad, which my father gave for rent around 9 years back to a family. My father demised 2 years back. At present, Tenant (wife) is giving rental agreement on my name from the past two years. But rent is getting paid online to my mother's bank account from tenant's husband's account. Tenant is a housewife.
 a. The rental agreement executed by Tenant (wife) is valid?
 b. Should the rental agreement require witness signature also. if yes, whose signature it should be? If Tenant husband signatures as witness, will that be valid.

2. Could you please share the "Leave and License agreement" for both Hyderabad and Andhra Pradesh.
Asked 18 days ago in Property Law
Religion: Hindu

2 answers received in 1 hour.

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7 Answers

engage lawyer for drafting leave and licence agreement 

 

2) if you are owner of flat rentals should be deposited by tenant in your name only and not in favour of your mother 

Ajay Sethi
Advocate, Mumbai
97041 Answers
7837 Consultations

If you own the house and the rental agreement is on your name then the monthly rental amount has to be paid to you directly. 

Your mother cannot receive the monthly rental payments until you authorize heroin writing to receive the same on your behalf.

The witness can be anyone including the spouse of the tenant. 

T Kalaiselvan
Advocate, Vellore
87242 Answers
2342 Consultations

These cases are very common in various Courts of India. My team has dealt with various cases of such nature.

After the rental agreement is printed on the stamp paper, each page of the stamp paper must be signed at the bottom by both the owner and tenant. Two witnesses must also sign the agreement along with their names and addresses to make the agreement valid. At present, the rental agreement executed looks to be legally valid. However detailed discussion is required with complete documents. There should not be any ambiguity in the terms and conditions mentioned in the agreement. Always mention the details of the fittings and fixtures in the property, in the rent agreement. Leave and License agreement can be prepared and drafted only after knowing the facts.

Tax levied on legal documents in return for making them legally valid is called as Stamp Duty. In Telangana and Andhra Pradesh, Govt. recommended Stamp Duty is as follows:

-0 to 10 years – 0.4% of total rent payable in the lease
-10 to 20 years – 0.6% of total rent payable in the lease
-20 to 30 years – 0.8% of rent payable in the lease
-30+ years – 5% of the total rent payable in the lease.

You may contact my secretary to connect with me for clarification.

Shri Gopal Verma
Advocate, Delhi
400 Answers
12 Consultations

  1. Rental Agreement Validity:

    • a. Is the rental agreement executed by the tenant's wife valid? Yes, the rental agreement executed by the tenant's wife is valid as long as she has the authority to sign the agreement on behalf of the family and the terms are agreed upon by both parties (you and the tenant). It’s common for the wife to sign on behalf of the family, especially if she is managing the household.

    • b. Witness signatures: Yes, the rental agreement should ideally have witness signatures. Typically, it should include two independent witnesses who are not parties to the agreement. The witness can be anyone who is not directly involved in the contract, but ideally, they should be reliable individuals (friends, neighbors, or professionals). If the tenant's husband signs as a witness, it could be seen as a conflict of interest, so it's better to have an independent third party sign as a witness.

  2. Leave and License Agreement:

    • The Leave and License agreement format is similar across states, but there may be some slight variations in terms of legal clauses based on local laws. You can find specific formats for Hyderabad and Andhra Pradesh by consulting with a local lawyer or property consultant. Alternatively, there are many online platforms offering templates for Leave and License agreements. Always ensure to have it reviewed by a legal professional before use.

In summary, the agreement signed by the tenant's wife is valid, but it’s best to have independent witnesses, and it’s advisable to seek a professional format for the Leave and License agreement.

 

Shubham Goyal
Advocate, Delhi
208 Answers

Yes it’s valid. It requires 2 witnesses and also needs to be registered 

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

Dear Client,

In the Present Scenario, you own a house in Hyderabad that your late father rented out nine years ago to a family. Your father passed away two years ago, after which the rental agreement has been in your name, executed by the tenant. Rent is being paid online by the tenant's husband to your mother’s bank account. Herein, the tenant is a housewife, and her husband is appeared to manage the finances. Presently, the rental agreement executed by the wife is legally valid as long as she is the primary tenant and responsible for the terms of the lease, even though rent is being paid by her husband to your mother’s bank account. Further, the payment method usually does not invalidate the agreement, but it is suggested that the husband's name is also included as a co-tenant in future for a clarity to be present. Moreover, though witness signatures are not strictly required for a rental agreement to be valid, they are recommended to strengthen its enforceability in case of disputes, with the ideal witnesses being neutral third parties with no vested interest. Besides, for a new Leave and Lease Agreement, that grants the licensee the permission to use the property without creating tenancy rights, the agreement should include essential clauses such as the names of the licensor and licensee, property details, payment terms, maintenance responsibilities, and a termination clause. However, it is suggested that such agreement is registered, so as to enhance its legal validity and authority.

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

1. Being the owner of the house , you have right to let out the same and to receive the rent from the tenant. 

a. Yes, even being the house wife , she can enter into the agreement with the landlord and payment can be made from her husband. 

- Further, your mother can receive the rent in her account with your consent, however she cannot enter into an agreement with the tenant without having POA from you. 

b. Yes, tenant husband can be a witness 

2. You can take services of a lawyer for the drafting the "Leave and License agreement".

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

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