How Can NRI Make Rental Agreement in Maharashtra

ByProCounsel Posted on Updated on

If you are an NRI and own property in Maharashtra, and if you need to register a Rental/Leave & License Agreement. There are two options for doing so: through a Special Power of Attorney or using a biometric device for online registration.

The first option involves creating a Power of Attorney in your location, getting it attested by the appropriate authority, and sending it to Maharashtra. Then, your representative can pay the stamp duty and get it attested. After that, the representative can execute the Rent Agreement, and register it on your behalf.

Alternatively, you can purchase a biometric device to register your rental agreement online. Maharashtra Government has provided an online rental agreement registration facility. Online registration can be done remotely and both the Licensor and the Licensee must complete biometric verification using their thumbprints during the online registration process.

Special Power of Attorney for Rental Agreement

A Special Power of Attorney can be given to anyone you trust for the specific purpose of registering a Rental/Leave & License Agreement for your property in Maharashtra. It should contain several important points, including:

  1. The authority to find an appropriate tenant or licensee.
  2. The ability to handle Housing Society matters related to the property.
  3. The authority to submit the tenant’s information to the local police station.
  4. The power to execute the rental agreement.
  5. The ability to admit the execution and submit for registration in the sub-registration office.
  6. The authority to take legal action in case of any dispute with the tenant.
  7. The ability to represent the property owner in court or in front of any other government authority.

In short, a Special Power of Attorney can be given to anyone whom you trust to carry out these tasks on your behalf. And, the PoA should include the specific authorities granted to the holder, such as finding an appropriate tenant/licensee, submitting tenant information to the police station, executing the rental agreement, and representing the property owner in legal disputes.

PoA Execution & Attestation steps for NRI

As an NRI, if you want to register a Rent/Leave & License Agreement for your property in Maharashtra using a Special Power of Attorney, you can follow these steps:

  1. Draft the Special Power of Attorney document and print it out.
  2. Attach a copy of the property documents such as Index II, Electricity Bill, or Corporation Tax Receipt.
  3. Fix the photograph of the Power of Attorney Grantor on the document.
  4. In the presence of two witnesses, execute the Power of Attorney in front of an appropriate authority such as a Notary, Indian Consulate, or Apostille and get it attested by them.
  5. Send the original attested Power of Attorney document to Maharashtra and attach the required stamp paper. Then, get it notarized.

After completing these steps, the Power of Attorney Holder can use the document on behalf of the NRI for online or offline registration purposes.

Execution & Registration through Biometric Device

In Maharashtra, there are two ways to register rent agreements – online or offline. For online registration, the government has created a portal that allows citizens to prepare and execute the agreement remotely, without having to visit the sub-registration office. NRIs can take advantage of this facility. All the necessary instructions are provided on the official website.

To use the online registration facility, NRIs must have a Windows operating computer, a compatible biometric device, a web camera, and their PAN Card and Aadhaar Card numbers. They can then complete the biometric verification process using their thumb impressions, which can be done from any location.

Online Execution Steps for NRI

The process of registering a rental agreement online in Maharashtra involves several steps, including data entry, payment of Stamp Duty and Registration Charges, execution of the agreement with biometric verification, submission of tenant information to the police station, and online submission of the agreement for review by the sub-registrar. The following are the detailed steps involved in the online registration process:

  1. Visit the official website and create a login to enter all the required data for the agreement.
  2. Pay the required Stamp Duty and Registration Charges online.
  3. Setup the biometric device as per the instructions provided on the official website.
  4. In the presence of two witnesses, execute the agreement online by verifying the thumb impression. Both witnesses are also required to complete biometric verification.
  5. Submit the tenant’s information to the police station online.
  6. Download the draft agreement in PDF format.
  7. Submit the agreement online for scrutiny by the sub-registrar.

Once all the above steps are completed, the rental agreement will be registered within three working days, and you can download the registered copy from the online registration portal.

Conclusion

While both options are available, a Special Power of Attorney is more advantageous since it only requires one-time expenses and can be used for both online and offline registration. In contrast, a biometric device requires yearly registration fees and cannot be used for offline registration.

FAQ – Online Leave & License Agreement Registration