• Stamp duty incidence on amendment to rent agreement

I am amending my current duly stamped and registered rent agreement with the lessee. This entails a reduction in area and rent proceeds due to an economic slowdown because of Covid. There will be some other changes like access gates, access areas, etc. Do I need to pay fresh stamp duty and registration fee for this MoU? The current rent agreement was signed for 5 years and 3 years only have elapsed.
Asked 5 years ago in Property Law
Religion: Hindu

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7 Answers

You have to pay fresh stamp duty and registration charges 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

Since the validity of Rent Agreement is still subsisting for another 2 years, there will be no need to pay fresh stamp duty and Registration fee for the MOU. Only if there's change in the Lessor and/or Lessee, you need to pay fresh stamp duty and registration charges.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Yes you need to pay for the amended or supplementary agreement but it will be negligible amount

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Dear Sir/Madam,

It is suggested that you can do the said amendments on the stamp paper of Rs. 200/- only. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You can execute a rectification rental agreement, however whether it will be effective after three years of original deed's execution is to be enquired from the registrar's office.

Alternately you can execute a supplementary rental agreement by an unregistered deed incorporating the changes you desire to have it now.

Or you can mutually cancel the original rental agreement and enter into a fresh rental agreement but you may have to pay the stamp duty afresh accordingly.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

- Since, the current agreement was signed for 5 years , then you cannot registered or rectified the same agreement on the condition of rectifying the same. 

- However, you can execute Supplementary rent agreement after mentioning the details as you mentioned above. 

- Otherwise , you can cancel the current rent agreement mutually , and registered a fresh one. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Execute fresh agreement and pay stamp duty and registration charges. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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