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I am a regular reader of Real Estate Reporter particularly the columns, frequently asked questions and questions & answers on property matters. Recently I was transferred to Mandya and negotiated a house for rent. The owner insisted on an agreement of 11 months only whereas I wanted for three years. Please let me know, what is the secret behind this eleven months agreement?

- by Suresh Babu, Mysore

According to the Transfer of Property Act any document which creates interest or right in the property for more than one year or more, or the value of which is more than Rs.100/- needs registration. Further stamp duty payable on such documents is also more.

To avoid the payment of stamp duty and registration charges, both the owners and tenants avoid rental agreements in excess of eleven months.
You may agree for rental agreement of eleven months with an option to renew the agreement for another eleven months twice, making total tenancy period of 33 months.


These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.


Q:- I have constructed a residential complex, which I would like to let out.  My son suggests having leave and license agreement, instead of lease or rental agreement.  Please inform what difference between rental agreement and leave is and license agreement.

Q:- What is the difference between Agreement to sell and Sale deed? Can the Title of a property be transferred only on the basis of a registered Agreement to sell?  Is it necessary to make a registered sale deed to transfer such property though there is an Agreement to sell between two parties and is also registered?

Q:- I had entered into a sale agreement for purchase of a house at Basavanagudi. The agreement is dated 01.07.2000. 1 had paid Rs. 20, 000/- as advance on the date of the agreement and Rs. 80,000/- on 30.09.2000 towards sale price. As per the terms of agreement, seller has to get the sale deed registered in my favour on or after 30.06.2001. He is not willing to execute the sale deed and as per the information is negotiating with others for sale of the property for more money. Seller is my friend who says that limitation period is three years are over and I cannot take any legal action and assures me that he will refund the money after he finds another purchaser. I am ready with money for registration. Please advice what to do?

Q:- Can the intending purchaser of an immovable property, back out of the sale transaction on the ground of non-fulfillment of obligation by the vendor?

Q:- I have purchased a house in Malleswaram jointly with my wife. The sale deed is registered in me and my wife’s name. However, I want to transfer the entire property to my wife. Have I to execute a sale deed in favour of my wife. If so what are the stamp duty and registration charges?