• Third party witness of rental agreement

My dad is the Landlord and i am the son witnessing the agreement...
And From the Tenants side, "wife" is witnessing.... 
1) Is it Legal according to law / is it compulsory to have THIRD PARTY witness...?
2) will this agreement have value....

Landlord and tenant have signed on "e-stamp "paper rent agreement both the parties have signed on each page of agreement, ie total 6 signature's of each parties ...

please answer..... if a family person can give witness in rent agreement....

suppose if "dispute occurs" can we prove that sign is originally made by tenant
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

1) it is necessary to have witnesses to have witnesses to rental agreement

2) family person can be a witness in rent agreement

3) you should register the leave and licence agreement

4) you can prove that tenant signed the rental agreement

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

in some states like mahrashtra it is mandatory to register leave and licence agreement for even 11 months

2) always advisable to register agreement

3) it should be duly stamped . e stamp would be valid

4)family member can be witness . not necessary to have third party as witness

Ajay Sethi
Advocate, Mumbai
98265 Answers
7986 Consultations

1) Is it Legal according to law / is it compulsory to have THIRD PARTY witness...?

The witnesses now attested this deed will be of more value in case of any dispute in future on this matter.

2) will this agreement have value....

Yes this can be a valid agreement if other conditions have been mutually agreed by both parties to agreement.

T Kalaiselvan
Advocate, Vellore
88467 Answers
2396 Consultations

1)is it compulsory to have agreement in "sub registrar office"

If the rental agreement period is beyond 12 months, it would mandatory to register the same before the sub-registrar's office.

2) we have have made agreement through "E-STAMP" paper bond (Article 12 bond),will this have value?,it's a 11 months RENTAL agreement .

If it is a 11 month rental agreement then registration of this rental agreement is not mandatory.

3)is it "Mandatory" to have "Third party" as a witnesse

Witness can be anyone, there is no strict rule about it.

T Kalaiselvan
Advocate, Vellore
88467 Answers
2396 Consultations

1. There is no requirement to have a third party witness, but the witnesses should be from the side of the landlord alone as a matter of prudence.

2. If the duration of the agreement is beyond 11 months then it would require a mandatory registration.

Ashish Davessar
Advocate, Jaipur
30830 Answers
975 Consultations

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