You can ask the tenant to first occupy the premises as a licensee and then apply for such identity proofs as per the leave and license agreement.
There's no legal infirmity in it.
Potential tenant requesting to make aadhaar & passport etc on our property address
Dear Ma'am & Sir/s , This is regarding our New Mumbai flat (taken on loan). Planning to give the flat on rent and the potential tenant is requesting that after signing the leave & licence agreement for 59 months (5 years) , we allow them to make aadhar card and passport etc. on our property which they have taken on rent. Wanted to check if this and whether it is ok to go ahead with allowing this to the potential tenant. If yes then what precautions we should take while making / registering documents & suggest in general precautions as well. Thanks for the opinion in advance.
Asked 2 years ago in Property Law
Religion: Muslim
13 Answers
There is no harm in permitting tenant in mentioning your address for aadhar card and passport
2) you should have the registered rent agreement & police verification to back up in case anything went wrong.
You can rely on the adhar card for the same
You cannot legally prevent the tenant from giving the address of their residence taken on rent for the purpose of address proof for applying for aadhaar, passport etc. No one can be expected to own a house everywhere they move!
The making of ADHAR or voter card on the address of the rented property does not create any titile in favour of the tenant.
Do remember once a tenant is always a tenant.
Nothing wrong in allowing tenant to make aadhar card and passport etc. on tenanted premises.
Dear esteemed lawyers, Thanks for all the insightful feedback. Appreciate it. One quick follow up, is it still ok if the tenant uses the rented premise as a permanent address for Aadhar and other legal docs? Or should we insist that they are only allowed to use it as a temporary address? Thanks in advance.
Asked 2 years ago
It can be mentioned as temporary address
The tenant cannot use it as his permanent address, because he will be here now and may shift to any other place later on, hence he himself cannot use it as a permanent address.
It will be just an address proof for the purposes of identity.
You may include a suitable condition in the leave and licence agreement to that effect, to be on the safer side.
- As per law , a tenant status in the property is always that of a tenant, and the tenant cannot claim ownership on any ground.
- Hence, the tenant cannot claim the said premises on the ground of making Aadhar card and passport.
- However, you can mention in the said agreement , that his request of making the documents is temporary living in the tenanted property , and the said documents will have no effect on the ownership of the property , and the ownership of the property is only with the landlord
Nothing wrong if tenant is showing his tenanted premises as his permanent residence. It dies not effect you nor it effect your ownership right. As such nothing wrong on part of tenant. Neither you have any right nor there is any reason on your part to insist tenant to use tenanted premises as a temporary address.
Dear client,
Allowing a tenant to use the rented premises for obtaining official documents like Aadhar card and passport is not uncommon. However, there are some considerations and precautions you should take before agreeing to such a request. Ensure that the leave and license agreement clearly specifies the terms and conditions regarding the tenant's use of the premises for official document purposes. It should include clauses regarding the duration and purpose for which the premises can be used for these activities. Have a conversation with the potential tenant to understand their intentions behind using the rented premises for obtaining official documents. This could help gauge whether they plan to use it as a permanent residence or as a temporary address. Using the rented premises as a permanent address for Aadhar and other legal documents might have legal implications, especially if the tenant doesn’t actually reside there permanently. This could potentially affect taxation, legal notices, etc.
You can include clauses in the agreement that allow you to conduct periodic checks to ensure the property is being used responsibly and as agreed upon. Consider taking a higher security deposit or specific insurance coverage to safeguard your interests in case of any damages or legal issues arising due to the tenant using the property for official document purposes. Conduct a thorough background check on the potential tenant to ensure they have a credible history and are trustworthy.
Regarding the tenant using the rented premises as a permanent address for official documents like Aadhar and passport, it's usually advised that the tenant has a permanent residence where they actually reside. Insisting on using the rented premises as a temporary address might be a safer option to avoid potential legal complications and misrepresentations. However, if you do agree to allow the tenant to use the premises for these purposes, make sure it's clearly outlined in the agreement and that you've taken necessary precautions to protect your interests. You can reach out to us for further assistance
He can used it as his temporary address till he is your licensee