Rental & Leave-Licence Agreement
A tenancy agreement drafted to your terms, ready for stamping and registration.
A rental or leave and licence agreement records the terms on which one party occupies another’s premises — the rent, the deposit, the duration and what each side is responsible for. In Maharashtra, residential and commercial occupation is usually structured as a leave and licence rather than a lease, because it does not create an interest in the property and is simpler to bring to an end.
Section 55 of the Maharashtra Rent Control Act requires a leave and licence agreement to be in writing and registered, and puts that obligation on the landlord. An unregistered agreement leaves both sides in a weaker position if there is a dispute.
What this costs
Why registration is not optional in Maharashtra
Registration is what makes the document reliable evidence of its own terms. An unregistered leave and licence agreement is generally not admissible to prove the terms of the tenancy, which is precisely what you need it for in a dispute.
The Act places the duty to register on the landlord, with a penalty for failure. Registration also produces the document most commonly accepted for address proof, for utility transfers and by employers.
The terms worth arguing about before you sign
- Rent, the due date, and the annual escalation if any
- Security deposit, and exactly when and how it is refundable
- Term of the agreement, and the lock-in period for each side
- Notice period for termination, and whether it is mutual
- Who bears society maintenance, property tax and major repairs
- Permitted use of the premises, and any restriction on subletting
- Condition of the premises at handover, with an inventory of fittings
- How disputes are to be resolved, and the jurisdiction
Stamp duty and registration charges
Stamp duty on a leave and licence agreement in Maharashtra is calculated on a formula that takes the total rent for the term, the deposit and the duration into account, rather than being a flat figure. A registration fee applies on top, at a different rate for urban and rural areas.
Both are statutory charges paid to the government at actuals, entirely separate from our drafting fee. We compute the exact figure for your agreement before it is executed so there is no surprise.
How we handle it
- 1 Taking the terms We record what has actually been agreed between the parties, and flag anything left vague that commonly causes disputes.
- 2 Drafting The agreement is drafted to those terms and circulated to both sides for review.
- 3 Computing stamp duty Duty and the registration fee are calculated on the rent, deposit and term, and confirmed to you before execution.
- 4 Execution The agreement is executed on e-stamp paper of the correct value and signed by both parties and the witnesses.
- 5 Registration Registration is completed, with biometric verification of the parties and witnesses as the sub-registrar requires.
- 6 Registered copy The registered agreement is delivered to you, ready for use as address proof and for utility transfers.
Frequently asked questions
What is the difference between a lease and a leave and licence?
A lease transfers an interest in the property and gives the tenant a right to possession. A leave and licence only permits occupation and creates no such interest, which makes it easier to end. Most residential arrangements in Maharashtra use leave and licence.
Why are agreements usually eleven months?
It is a convention that sits below the twelve-month mark at which stricter rent control and lease provisions can be attracted. In Maharashtra registration is required regardless of the length of the term.
Who pays the stamp duty and registration fee?
It is generally shared or borne as the parties agree, but the statutory obligation to register a leave and licence rests on the landlord, with a penalty for failure.
Can it be registered without visiting the sub-registrar?
Yes. Maharashtra permits registration through authorised service providers who complete biometric verification at your premises, which most parties now prefer.
Is a notarised agreement enough?
No. Notarisation is not registration. An unregistered leave and licence agreement is generally inadmissible to prove its own terms, which defeats the purpose of having it.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Rental & Leave-Licence Agreement
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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