1) you can enter into leave and licence  agreement and get it notarised

2) registration of agreement is advisable to avoid legal complications 

3) registration charges are nominal 

Hi,

You are suggested to always have a rent agreement so that in case of any problem, you are safe. You may go for 11 month rent agreement and get it notarized. You may also ask the tenants to observe all local ana national laws for running the restaurant and get it mentioned in rent agreement. Also include conditions that tenants shall be fully responsible for non observation of rules and rent agreement would be deemed cancelled in the event of default by tenants.

Dear Sir,

The following information may kindly be read and it will helpful to you.

Rental Agreements For Andhra Pradesh

Procedure To Create A Rental Agreement

• Include the clauses discussed between landlord and tenant in the draft
• Review and print the document on Stamp paper of recommended value
• The document must then be signed by the landlord, tenant and two witnesses
• Register the document at local Sub-Registrar office

Preparing The Rental agreement

The lawyer then drafts it into a document and prints it on a Stamp paper of Govt. recommended value. Once the tenant and landlord place their signatures on the document in the presence of two witnesses, the document is almost ready. The final step involves registering the document at the local Sub-Registrar office.

Stamp Duty

Stamp Duty is a form of tax levied on documents to make it legally valid. This is often paid by purchasing Stamp Paper and printing the document on it. As of now, Telangana and Andhra Pradesh have the same stamp duty charges.

• 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

Stamp Papers

Although e-Stamping was announced in the state of Andhra Pradesh, the traditional Stamp paper is still widely used as the former is not easily available. As of now, the states of Telangana and Andhra Pradesh use the same stamp paper.Registration Of Rental Agreements

Registering a document with a Govt. authority is a method to prevent frauds and forgeries. It will also prove that the individuals mentioned in the document are indeed the ones who signed the document.

Registering a document will also reveal facts about a property which would have otherwise remained hidden.

In the state of Andhra, registration charges are 5% of annual rent+deposit. At the time of registration, the tenant and landlord may be expected to bring valid Govt. ID proofs, title of ownership (landlord) and passport size photos.

Types Of Rental Agreements Commonly Used

Long Term Lease: This is a type of lease that is commonly used for residential purposes.

11-Month Rental Agreement: This is the most typically used rental agreement and it spans a duration of 11 months only. At the end of term, both parties are free to chose whether they wish to renew the agreement or not. Rent, maintenance and other utility bills are paid monthly by the tenant.

Commercial Leases: Commercial leases are signed exclusively for business purposes alone. They involve large sums of money and are signed for long periods of time. Formats for commercial leases vary according to the needs of the business and so there is never a standard format. Registration and Stamp duty are correctly executed for these leases as it involves a lot of clauses and money.

Important Clauses To Include In Your Rental Agreement

.Here are some clauses that should never be skipped in your rental agreement-

• Payments: The amounts for rent, monthly maintenance and security deposit must be clearly written out in the contract to avoid future confusion. Landlords are also free to describe a certain time frame within which the rent should be paid each month.
• 
  Late payment penalty: Landlords can impose a fine on the tenant if the payment for rent is delayed. The nature of the penalty shall be described in the rental agreement.
• Lock-in period: Lock-in period refers to the minimum duration for which neither party is free to terminate the contract. This is a precautionary measure to avoid losses to both parties.
• Consequences of overstay: Should the tenant continue to occupy the premises even after the term of lease is up, the landlord can impose a penalty on the tenant. The details of the penalty shall be mentioned clearly in the contract.
• Food habits: Should the landlord wish to not entertain certain food habits within his property like consumption of non-veg, alcohol or drugs, he shall explicitly mention that in the contract.
• Pets: If the landlord does not wish to have animals in his property, he/she shall spell that out in the contract.

Things To Keep In Mind

If and when a legal battle ensues between a landlord and tenant, the rental agreement will be primary evidence material. The content of the agreement shall decide the verdict of such a legal battle. Such battles could get ugly and it would be wise to take some steps to avoid such disputes in the first place. Pay attention to the following factors to be on the safer side-

Authenticity of the owner: There are cases where tenants/caretakers posed as landlords and pocketed the rent. To avoid that always ask the person claiming to be the landlord to provide bills/ documents to prove it.

Receipts: Always ask your landlord for receipts of rent, maintenance, security deposit or any other payment you make.

Registration: As discussed before, registering a document deters forgeries and frauds in the name of the property/ individuals involved. An unregistered document therefore, will only be considered as collateral evidence by courts.

Security Deposit

Security deposit is typically a few months worth of rent collected from the tenant by the landlord as precaution. This is a refundable amount and is returned to the tenant at the time of vacating barring valid deductions. In Andhra Pradesh, 2-3 months worth of rent is taken as security deposit.

Token Advance

Also considered as the booking amount, token advance is a small amount of money paid by the tenant to the landlord to block the property for themselves. Once the token advance is paid, the landlord is expected to take the property off the market.

Make A Rental Agreement Online

1. Open our pre-drafted, lawyer verified, ready to use online rental agreement by clicking the button below.
2. Fill in details of landlord, tenant and customize the document as per your need.
3. You can either print the soft copy or opt to let us print it on Stamp paper and deliver it to an address of your choice.

1.yes it will be legally okk there won't be any issue a notarized agreement can be made for 11 months and this will protect your rights.

You can put condition of rent ,termination of agreement, security deposit and maintenance of premises in the agreement.

Dear Client,

11 months agreement do not require registration all over India but should be on 500rs stamp and notorised. I also suggest you to include clause of increase of rent on extension/renewal of agreement. 

yes you can make a leave and license agreement as at present date

you can also record the past transaction in the above agreement 

whether license is less than or more than 11 months, it is always better to get it registered 

the licensee can bear the registration charges. They are quite nominal

You need to execute a leave and license agreement. It is compulsory to register the same. 

Leave and license can be only for 5 years and not more. Lease can be of any number of years so better go with leave and license. 

Always rental agreement for Commercial prupose can be upto 3 years period. Make rental agreement in Rs 100 stamp paper with all terms and conditions

1.  You can very well enter into a fresh rental agreement as on the current date for 11 months which need not be registered.

2. As per the latest act also the 11 months rental agreement is not mandatorily registered.

1. Lease /Rent agreement for any period, MUST be registered, for futuristic safety purposes to avoid legal disputes.

Keep Smiling .... Hemant Agarwal

no not necessary that gift deed be executed for cash or cheque gifts 

2) affidavit by grand mother that she has given these gifts to you would suffice 

Yes a gift Deed for amount can be made mentioning the amount and mode of payment .The gift deed can be executed on stamp paper. 

NO,mere mentioning in return is enough,.

It's on stamp paper wise you can execute it on plain paper and pay stamp duty separately. Yes can be done on single deed. It has to be compulsorily Registered

Gifts received by a person from his/her relatives who are lineal ascendants and lineal descendants do not attract income tax. Hence, maternal grandparents being lineal ascendant to that person, any gifts received from them shall not be taxed as income.

She can very well execute a gift deed mentioning the periodical gifts she had offered in the particular financial year.

Gift of money: Aggregate value of cash gifts received without consideration during a financial year (FY) would be taxable as other income in the hands of the recipient. However, if the aggregate value of such gifts is less than Rs 50,000, then it would be exempt from tax.

1.  There is no need for any document (Gift Deed) for upto Rs. 50,000/- per annum basis, received by cash /cheques, as Gifts from Blood Relatives.  This is also Tax free.

2.  For amounts exceeding the above, just take gifts by cheques and the same should be reflected in the Income Tax Returns of both the parties

3.  For long term benefits and declarations, execute a proper stamp duty paid and registered Gift Deed.

What is the maximum amount of the said cash that is given to you? 

and what is the source of income of cash for her? 

Regards