• Retrospective rental agreement

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?
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Retrospective agreement is valid and can be made on  stamp paper of back dated. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can have backdated agreement of July 2019 as stamp paper is of July 2019 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- 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 . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Stamp paper of later date cannot be used for a transaction of leave and license of a tenure previous to the stamp paper date

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

agreement executed with restropective  effect are valid in the eyes of law. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes you can do it if both the parties are agreed for the same. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No you cannot execute a back dated agreement on stamp of 2019.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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