Hi,

The stamp duty can be paid by any party and his name is endorsed there on stamp paper.

You are not responsible to pay full stamp duty and registration charges

2) expenses can be split equally between lessor and lessee

You should refuse to pay all the charges for stamp duty and registration

No, you are not required to pay the full amount

Hi

1) Payment of stamp duty and registration in case of lease/tenancy depends on what is agreed upon between the parties.

2) However in your case, since you are now succeeding to the properties as a legal heir of your father and now you are the sole owner of the property, it is in your interest to get the lease deed ratified in your name as sole owner/LESSOR

3) Also in your case, you do not need to pay the entire registration fees and stamp duty as the present lease agreement will continue to be valid for remainder of the lease tenure, but you will be required to pay a nominal fee of Rs3500-/- for registering/Ratifying the existing lease agreement with your name as Lessor/ sole owner, by presenting the death certificate and legal heir certificate at Sub-Registrar fees.

Hope this information is useful.

Dear Sir,

It all depends upon mutual understanding. Usually the vendor in case of sale transaction and lessee in case of lease transaction are supposed to bear the registration charges. If he is not agreeing you must smell his intention and in future also he may create some problem better find out a new lessee.

If the clauses in previous lease deed mentions that he will pay the charges on renewal of lease deed then he's bound to pay the charges. If he refuses to pay better cancel the lease deed and ask him to vacate the premises since in future he may create problem and not vacate property.

usually it will be payee by lessee

Unless there is a clause in the original lease deed which casts the obligation to bear the registration charges on either party it is a matter of mutual understanding between the landlord and tenant as to who will bear the registration charges. Normally the charges are borne jointly by both.

Sir re-registration of lease is not required though as without it also old deed is applicable on heirs and further same can be continued. Then also if new lease deed is made then parties can mutually decide for the cost of stamp duty can share it. As it is on parites who pay there is no law defined for it

On death as stated re registration not required though if you are insisting on lease deed then you have to pay or of tenant want new lease then either he has share the cost or he has to pay.

Firstly, as per the information mentioned in the present query, makes it clear that now again you want to afresh go for the registration of the lease deed which is also good in fact as per the law.

Secondly, if there is a clause that expenses would be bear by the tenant then it can’t be the situation where tenant may deny the same.

Thirdly, if no clause would have been there then you should have paid the same, but as per the present information it seems that you should not pay anything.

This is a purely an understanding between you and the tenant. Normally, its the tenant who pays the stamp duty and reg. fee., but since in this particular case there has arisen the need for a fresh lease agreement on account of death of your father, you may see if you too want to contribute in this.

Dear Sir,

You need not pay registration expenses. If he is not agreeing to pay the registration charges then it is better to cancel lease in his favor.

You do not have to bear the entire charges for Re registration of the lease deed and ideally it has to be shared equally between the landlord and tenant.

The tenant had agreed to pay the registration cost before your father's death you should not be any amount with respect to the registration and stamp duty of lease deed.

Also, in case of death of landlord Re registration is not required as a simple rectification deed can be registered and can be used as an ancillary document instead of a new lease deed.

Upon the death of one of the owners of the property, the lease agreement can be continued with the surviving owner till the expiration of the registered lease agreement.

However if either of the party would wish to enter into a fresh lease agreement, then the registration charges and the stamp duty may be paid on a mutual agreement between them.

As per law the charges for registration of the lease agreement has to be borne by the tenant.

not wat i asked..the lesse had agreed previously to pay for registering the lease agreement bow on death of my father for re registering the lease agreement should i bear all the charges for registering the lease agreement ??

Why do yo have cancel the existing lease agreement if the same is still valid. A fresh lease agreement can be entered after expiration of the current lease agreement, therefore there is no question of who bears the registration charges.

As per law, the tenant has to bear such charges.