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Residential Rent Agreement — ભાડા કરાર

ભાડા કરાર

The everyday landlord–tenant agreement — drafted so it actually protects whoever is relying on it, e-stamped and notarised in a single visit.

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The one-year line decides everything

Section 17(1)(d) of the Registration Act, 1908 makes registration compulsory for a lease of immovable property from year to year, for any term exceeding one year, or reserving a yearly rent. Section 18(c) puts a term not exceeding one year in the optional list. That single distinction is the entire reason the eleven-month agreement became standard practice in Gujarat — not custom, not a loophole, but statute.

Watch the third limb: "reserving a yearly rent".

An agreement can be caught even where the term is under a year, if the rent is reserved annually. A draft that says "annual rent of ₹1,20,000 payable in monthly instalments" may have created a lease reserving a yearly rent and walked into section 17(1)(d) despite an eleven-month term. Write "monthly rent of ₹10,000". Downloaded templates get this wrong constantly.

If the document should have been registered and was not, section 49 bars it from being received as evidence of the transaction it records. Notarisation does not cure that. Notarised vs registered, in full →

What a rent agreement must actually contain

Most of the agreements we are shown fail on the same handful of points. A properly drafted one covers:

  • The parties, correctly identified — full names as they appear on ID, and where the landlord is not the sole owner, on what basis he is letting at all.
  • The premises, described so a stranger could find them — flat number, building, society, and the city survey or survey number. "Flat at Sama" is not a description.
  • Term and rent, stated monthly. See the warning above.
  • The deposit — amount, whether interest-free, and precisely when and how it is refundable. Deposit disputes are the most common landlord–tenant fight in Vadodara, and almost every one of them traces back to a single vague sentence.
  • Who pays what — maintenance, society charges, property tax, electricity, water.
  • Permitted use, lock-in and notice, and what ending it early costs either side.
  • Condition on handover — an inventory and photographs are worth more than a paragraph of general words.

Renewing it

Draft each renewal as a fresh agreement for a fresh term not exceeding one year, rather than as a lease with automatic renewals running beyond a year. A document creating a right for more than a year can attract section 17(1)(d) whatever it is called.

If the tenant needs the address for a GST registration, a gas connection or a Shops & Establishment intimation, they will also need a consent letter or NOC from you as owner. We prepare it in the same visit.

On stamp duty.

We do not publish duty figures on this website. The Gujarat Stamp Act, 1958 was amended in 2025 and several articles were restructured; a rate printed on a web page goes stale and costs somebody money. As a Government authorised e-Stamping centre we confirm the duty currently prescribed for your specific document and issue the e-stamp against it, at face value. The notarial fee is separate and capped by law — ₹35 to attest execution, ₹35 to administer an oath or take an affidavit, under Rule 10(1) of the Notaries Rules, 1956. The full fee table →

Drafted here, in Gujarati or English

Drafted by an advocate of 35+ years rather than filled into a downloaded template, e-stamped at a Government authorised centre, and notarised in the same visit. If the parties read Gujarati, the document is drafted in Gujarati — not translated out of an English form, because legal Gujarati has its own settled vocabulary and a literal translation frequently means something looser.

What to bring

  • Photo ID for landlord and tenant
  • Proof that the landlord owns or may let the premises
  • Full address of the premises with society and survey/city survey number
  • Agreed monthly rent, deposit and term
  • Details of anyone else who will occupy

Related

Common questions

Is an 11-month rent agreement valid without registration?

Yes. Section 18(c) of the Registration Act, 1908 puts a lease for a term not exceeding one year in the optional category, so an eleven-month agreement that is properly stamped and notarised is valid, enforceable and admissible. The bar in section 49 applies only to documents that section 17 required to be registered.

Will it work as address proof?

It is commonly accepted, though every authority sets its own list and many also want the landlord's ownership proof and an NOC. Tell us what you need it for when we draft it and we will make sure it carries what that particular office asks for.

My tenant has stopped paying and will not leave. Does this help?

Yes, if the term did not exceed one year — it is admissible evidence of the tenancy, the rent and the terms, which is the starting point for a notice and, if needed, proceedings. Bring the agreement, the payment record and any messages between you.

Not sure which document you need?

Tell us what the office, bank or court asked for. We will name the exact document, the stamp value and whether notarisation is enough — before you pay anything.

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