Pune Landlord Booked For Failing To Register Rent Agreement With Foreign Tenants
Online Tenancy Registration Now Mandatory – Key Changes in the New Process
A landlord in Pune has been booked by the Kondhwa police for not registering a rent agreement with his two Ugandan female tenants. Hanumant Daware, 42, from the Undri-Pisoli area, rented out his room to the foreign nationals without informing the authorities and failed to sign a mandatory registration-cum-rent agreement. This oversight has landed Daware in trouble, as the law requires landlords to register rent agreements and verify their tenants’ identities.
The police have issued a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, which allows for arrest without a warrant, seeking an explanation from the landlord. The incident highlights the importance of complying with regulations when renting out properties, especially to foreign nationals. Failure to do so can result in legal consequences, as seen in this case.
In India, the Registration Act of 1908 defines a lease as including an agreement to lease, and Section 17 of the Act requires that leases must be registered . However, the question remains as to what constitutes an “agreement to lease” and whether it must be registered. According to a Privy Council decision, an agreement to lease must effect an actual demise and operate as a lease to be considered registrable.
The Indian courts have grappled with this issue, with some decisions suggesting that an agreement to lease is only registrable if it creates a present demise. In the case of Gadiraju Sanyasi Raju vs Kandula Kamappadu And Ors., the Andhra High Court considered whether an agreement to lease permanently was registrable under Section 17(1)(d) of the Registration Act. The court ultimately referred the question to a Full Bench, highlighting the complexity of the issue.
