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How to make rent agreement if the owner is abroad?


Date: 06 Jul 2016    Group: Lawyers    Category: Indian Law   

There is situation where owner of a flat is abroad and he has not have given power of attorney to anyone in India. What is the easiest and fastest way to get ready notarised rent agreement? Is it acceptable if owner sends hand written letter to authorise his family member or friend to sign on his behalf?
Experts: do assist.


Do you want to make a rent agreement? Wondering what to do if the owner is abroad? Find advice from experts on this page.


Author: Kailash Kumar    07 Jul 2016      Member Level: Platinum     Points : 2  (Rs 2)    Voting Score: 0

In case there is a requirement of such a document for production in a court of law for some legal purpose, then it has to be executed legally only. In such cases authorisation on a plain paper may not serve the purpose.
It should also be checked at the website of the Indian Embassy located in the foreign country of residence if such services like power of attorny/affidavits related to property/financial matters are available there or not.
However in case the requirement is not legal in nature, then communication can be made through email etc. and digital copy of rent lease agreement etc. can be obtained through email followed by hard copy also through courier/postal services etc.


Author: Venkiteswaran.    07 Jul 2016      Member Level: Diamond     Points : 3  (Rs 3)    Voting Score: 0

The rent agreement is for mutual protection.
If you stay without any formal rent agreement, then due to misunderstanding or communication gap, there can be some disputes. Moreover if you have to get some re-imbursement etc. on rent paid then a formal rent agreement may be necessary. Even otherwise a rent agreement may be needed for address proof purposes and other matters.
The NRI can sign a power of attorney at Indian Embassy or consulate and notarise it there . Then it has to be sent to India and has to be properly stamped as per the rules and guidelines existing here on that date. This(adjudication) should be done within three months.

So if you have to have a formal rent agreement, then you may have to wait for the time needed for these formalities. Otherwise he can come over here and execute the rent agreement.



Author: [Anonymous]    07 Jul 2016      Member Level: Diamond     Points : 2  (Rs 2)    Voting Score: 0

A rent agreement is a way to avoid any kind of dispute and frauds in future regarding rent payments and leaving the rented flat after decided duration.
If both the parties have trust on each other and can have mutual understanding, then just a written commitment can work.
In case of HRA claim for official purpose, a rent receipt can work and that can be signed, scanned, emailed and then printed to submit in office.

If all these options are not acceptable, then either Power of Attorney is the only option to work it out.


Author: Mahesh    08 Jul 2016      Member Level: Gold     Points : 2  (Rs 2)    Voting Score: 0

When the owner of the house is abroad then usually affidavit can be made to give another person a right to rent the place. Such affidavit has to be carefully drafted so as not to give more power of authority other than renting in absence. Most of the time real estate agents can help you in such process. They can bring the client and also take commission from both the sides. For some of the real estate companies this process is very properly managed and they can guide you on this.




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