• Regarding renting in Gujarat by NRI

Hi,

I live abroad and my property in Vadodara (Gujarat) which I am going to rent it out from 1st July. Can I sign Leave and License Agreement online (from Abroad) or do I need to give a Power of Attorney to a local resident who needs to sign the tenancy agreement? 

Thank you so much!
Asked 3 months ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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8 Answers

Execute POA in favour of family member to execute registered leave and licence agreement 

 

2) POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

Dear Client,

Yes, there is an option for signing the Leave and Licence Agreement on a digital platform while being located in another country for the house in Vadodara, Gujarat. Nowadays, electronic signatures are widely accepted in many countries, including India, thus accepting remote signings of important legal documents, including rental agreements.

Here are the steps you can take:
1. Use E-Signatures: There is always an option of using an e-signature platform that is valid in India, like Aadhaar e-signature or any other valid e-signature that can be used in India.

2.Virtual Signing: Consult with the tenant and/or a local agent to initial the agreement remotely by using video conferencing tools or signing a digital document.

3. Legal Advice: I think it is instrumental to seek legal advice prior to drafting the agreement with a view to the applicable laws and regulations in the region.

However, it may also be obtained in the form of a power of attorney that authorises someone to sign for or on behalf of a local party, especially if the agreement cannot be signed electronically or remotely. It is also advisable to confirm that all the partners are in agreement with the chosen method of signing the agreement to avert any misunderstanding in the process.

Anik Miu
Advocate, Bangalore
9981 Answers
117 Consultations

The latest law for tenting out a proeprty by any mode involves registration even for 11 months leave and licence agreement, hence either you have to be here physically or can authorise someone through a power of attorney deed to sign the papers on your behalf.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

- If you are going to rent that property for more than 11 months then the registration of leave and license agreement is mandatory from the office of sub-registrar 

- Hence, your presence physically or through a POA is necessary to execute the agreement. 

- If you are unable to come to India, then you can give POA to any relative/nearest person for appearing and registering the agreement. 

- The said POA should be notarized as per rule of Canada and attested from the consulate of India. 

Mohammed Shahzad
Advocate, Delhi
14242 Answers
216 Consultations

You can sign the physical copy sitting in abroad and then send it by post for signature of the licensee. 

Devajyoti Barman
Advocate, Kolkata
23151 Answers
506 Consultations

If the rental agreement is for less than 11 months, then online is preferred; otherwise, POA will be better

Gaurav Ahuja
Advocate, Faridabad
75 Answers

 

You have two options when it comes to signing a Leave and License Agreement for your property in Vadodara while being abroad:

1. Signing Online (E-Registration):

  • Gujarat allows for e-registration of Leave and License Agreements. You can use online  platforms to draft and execute the agreement online.
  • Both you and the tenant can sign the agreement digitally using Aadhaar-based e-signatures or other approved methods.
  • After signing, you need to complete the e-registration process on the Gujarat Registration Department website.

2. Power of Attorney (POA):

  • If you prefer, you can give a Power of Attorney to a trusted person in Vadodara. This POA should specifically authorize them to sign the Leave and License Agreement on your behalf.
  • Ensure that the POA is properly drafted and registered to avoid any legal complications.

Which Option to Choose:


  • Convenience: Online signing is more convenient as you can complete the process remotely without involving a third party.

  • Security: If you are comfortable with the technology and trust the online platform, digital signatures can be secure.

  • Preference: Some people may prefer the traditional method of having someone physically sign the agreement

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

Yes it can be done online

Prashant Nayak
Advocate, Mumbai
32330 Answers
194 Consultations

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