How to make Online Registered Rent Agreement when the Owner resides Out of India or Out of Country or Abroad.?
How to make Online Registered Rent Agreement when the Owner is an NRI.?
It is a very common phenomena where the Owner of the House has to go out of India for some work/Job and has to be out of the Home Country for quite a long time. During this period renting out the Owned House by the Owner is a big hassle, This is because, its difficult to produce a Leave and License Agreement / Registered Rent Agreement for the Rented House. This is because the presence of both the parties (Property Owner and Tenant/s) are required for obtaining the Live Biometrics in a Property Sub-Registrar Govt Office, though not mandatory in the case of Online Registered Rent Agreement / Online Leave and License Agreement.
The Following are the Methods through which a property Owner can make His/Her Registered / Leave and License Agreement without visiting the Country or the State (Maharashtra) where the property is located.
Method 1. Through the Indian Embassy:
Every Indian Embassy has a Legal Team dedicated to help Indian Citizens residing in that country. The Citizen can approach the team and ask them to draft a Power Of Attorney in the name of any Blood Relative or Close Relative (who is residing in that city on which the property is located) and Notarise it from that country. Post that, the owner can courier the document to the POA Holder (who is authorised to execute the Registered Rent Agreement in the absence of the Owner.). Once the document is received by the POA holder, he have to pay the Govt Fees (Stamp Duty) and then Notarise it through an Indian Notary Officer for ratification by the Indian Administration. The whole procedure can be done by a Lawyer.
Cons: This method is advantageous to the extent of how close the Owner resides or is available to the Indian Embassy. The above method may not be suggestible where the Owner resides in a place which is far away from the Embassy.
Method 2. Registered Special Power of Attorney for Registered Rent Agreement:
In this Method, its suggestible for the Owner to make a Special Power of Attorney in the name of Blood Relative or Close Relative (authorising only to execute the Registered Rent Agreement) before leaving the city in which the property is located. This is the best method of handling one’s property in one’s absence. The POA Holder can execute the Leave and License Agreement / Registered Rent Agreement in the absence of the Owner and the Leave and License Agreement will hold good for the Owner. The POA once executed can be used to make multiple Leave and License Agreement for the same property where the Tenant vacates.
The POA once executed can be used to make multiple Leave and License Agreement for the same property where the Tenant vacates.
Cons: Despite all the advantages of this method of execution of Leave and License Agreement / Registered Rent Agreement, making Registered Special Power of Attorney requires all the parties – The Owner/s and The Tenant/s to be available within the city (where the property is situated at the time of making the Special Power of Attorney. The Owner can only go back to the work location after the execution of this Special POA.
Below is a sample copy (redacted copy) of the Special Power of Attorney:POA__Sample Copy_Redacted
Method 3 – Biometric Scanning:
For, the Online Registered Rent Agreement for property in Pune, Mumbai and rest of Maharashtra, the identities of all the parties are verified through Adhaar Data. This verification can also be done from any part of the world through Internet on Government Portal. However both the parties, i.e the Owner and the Tenant/s should have access to Biometric Device and know the configuration to install on a Laptop/Desktop.
Cons: This method does not require you to prepare a Special Power of Attorney, but has drawbacks like: 1. Buying and Registering the Device with the Service Provider. 2. Configuring the browser settings to accommodate the functioning of the Device. This is difficult for most people.
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