Section 4 of the Model Tenancy Act, 2019 states- Tenancy Agreement-
1) A rent agreement must be in the written form. Also, the landlord and the tenant are required to inform the Rent authority within two months from the date of agreement.
2) In case, the landlord and the tenant failed to inform the Rent Authority, then in such cases it is required that they do so before expiry of one month from the time period specified under sub-section(1).
A Rent Agreement needs to be registered as is required by section 17 of the Registration Act, 1908.
Section 17 of the Act states- Documents of which registration is compulsory.Ñ
Clause (d) of Section 17 states that lease of immovable property which has been given on rent from year to year or a duration exceeding one year must be registered. Unless such documents are registered, they are not vaild legally.
For the state of Gujarat. the stamp duty is –
1) If the duration of the agreement is between 1-5 years then stamp duty to be paid is 1.50% of the total amount of the rent.
2) For 1-10 years, amount paid is 3% of the total annual amount of rent.
3) For 1-15 years, amount levived as stamp duty is 6% of the total annual amount of the rent.
4) For 1-20 years. the stamp duty to be paid is 6% of the rent amount annually.