It’s a typical occurrence for a house owner to leave India for a job and remain abroad in the country for an extended period. Renting Owned House during this time is a major headache, as creating a Leave and License Agreement or Registered Rent Agreement for a rental house is difficult.
The rent agreement process becomes difficult because all parties, including property owners and tenants, must visit for biometrics at a Property Sub-government Registrar’s office, albeit this is not required in the case of an Online Registration, Virtual Leave Agreement, or Licensing Agreement.
However their are two ways in which a foreigner can register a document or rent agreement in India from foreign:
The Indian embassy has a whole set of a legal team dedicated to assisting Indian citizens living abroad. The foreigners can approach the group and request a Power of Attorney to be made in the name of any blood relation or a close relative who lives in the city where the property is located and can have it notarized in that country from them.
After the given process, the document can be couriered to the Power of attorney holder by the owner (who is authorized to execute the Registered Rent Agreement in the absence of the Owner.).
When the Power of attorney holder receives the document, he can pay the government fees (stamp duty) and then notarize it with an Indian Notary Officer for approval by the Indian government.
Quick Tip – You can hire a lawyer to handle the entire process since they have a good idea of all legal norms and how things work and thus making the whole process faster and safer.
Before leaving the city where the property is located, the owner should make a Special Power of Attorney in the name of a Blood Relative or Close Relative (authorizing only to execute the Registered Rent Agreement). In the absence of the owner, this is the safest approach to handle one’s belongings.
The above method is the most effective way to manage one’s property while one is away. In the Owner’s absence, the Power of attorney holder can complete the Leave and License Agreement / Registered Rent Agreement, and the Leave and License Agreement will be valid for the Owner.
The Power Of Attorney Manager should be permitted to enforce the Leave and License Agreement or Registered Rental Agreement online in the Owner’s absence. The Leave and License Agreement should stay in place for the Owner. Following the execution of the Power of Attorney, multiple Leave and License Agreements for the same property where the owner is vacating might be used.
Once signed, the Power of attorney can create numerous Leave and License Agreements for the same property if the tenant is changed.
Given all of the advantages of this method of enacting the Leave and Lease Arrangement or Licensed Rent Agreement, having a Recorded Special Power of Attorney allows both parties – the Owner and the Tenant – to be present in the city where the property is located at the time of enactment.
Adhaar Data verifies the identities of all parties for the Online Registered Rent Agreement for property in Pune, Mumbai, and the rest of Maharashtra. This verification can also be done via the Internet on the Government Portal from anywhere in the world. First, however, both the Owner and the Tenant/s should access the Biometric Device and install it on a laptop or desktop.
This option avoids the need for a Special Power of Attorney.
The process includes getting and registering the Biometric device with UIDAI and thus facilitating the process to happen in remote conditions.
This service can be provided by Authorised Service Providers in Maharashtra, where they can send you the device and take your biometrics remotely
e-Rent agreement registration is a massive relief for NRIs. The Maharashtra government’s Inspector General of Registration department offers online registration of leave and licence agreements. You can do check the Maharashtra Government website for e-registration – Link
Then login and fill in the following details
And e sign a rent agreement from using a registered biometric device which can be provided by a ASP registered in India.
Note :The device in use must be first registered and then used.
For the rent arrangement, a token will be created on the Above website.
However if you go through a registered ASP he will do whole of the process and send you a biometric device for registration. The Rent Agreement Consultant will then access your laptop remotely for biometric verification.
The biometric device must be put in a specific laptop, which must be a Windows laptop.
Then, with the help of The Rent Agreement, the Consultant will record Aadhar-based biometric verification.
Please note Aadhar is mandatory for Biometric Verification that can not be done based on Passport. Aadhar is a must.
After doing the process he will submit the document for registration which can get registered in approximately 7 days.
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