It is reported that IG Maharashtra has introduced a system of E-Registration of Rent and Lease agreements.
“It is necessary for the people to provide their Aadhaar card. The people have to pay and stamp and registration duty through net banking. The duly fulfilled forms will be later sent to the sub-registrar and after his verification, the digitally signed leave and license agreement would be delivered to the inbox of the applicants “
It is unclear how this new procedure is viewed under ITA 2008 according to which “Any contract for the sale or conveyance of immovable property or any interest in such property” is excluded from the provisions of the Act including the legal validity under Section 4 and 5 of ITA 2008.
If “Leave and License Agreement” has the effect of transfer of interest in an immovable property and “Registration” is mandatory for the transaction to be valid, then rendering any of these documents in electronic form may not have legal validity.
The detailed process needs to he reviewed to understand how this process works.