Caretaker and Permissive Occupation Agreement (Rakhwali Nama)

Stamp duty

Punjab discontinued physical stamp paper; duty is via e-stamp through SHCIL — under Rs 500 self-generated at shcilestamp.com, higher denominations from an authorised centre. Buy it in the Owner's name, engross the Agreement, then sign. Which section governs matters more than the figure: if ANY party signs in India (the Caretaker almost always does), section 17 requires stamping before execution — section 18 gives nothing. Buy the e-stamp first, courier it abroad for the Owner's signature. ONLY if every signatory signs outside India does section 18(1)'s three-month window apply, from receipt, not signing. Not a lease — no exclusive possession, no rent — so no Article 35 lease duty; it's Article 5 (agreement not otherwise provided for), a small fixed figure. Kagaznama doesn't print it since the Revenue table carries no date or notification number — check the Sub-Registrar's counter, adjudicated under sections 31-32 if disputed. If it in substance hands over exclusive possession for a term, it can be recharacterised as a lease — 4% of average annual rent under one year (figures above are inconsistent; confirm at the counter). Keep rent nil and possession non-exclusive. Section 35 makes an unstamped instrument inadmissible and unusable by any public officer, with a penalty up to 10x the deficient duty on impounding. A power of attorney authorising sale to anyone but a spouse, child, parent, sibling, grandparent or grandchild costs 2% of consideration or the Collector rate, whichever higher — item (f), entry 48, Schedule I-A, Indian Stamp (Punjab Amendment) Act, 2023, gazetted 15 January 2024. Chandigarh: Punjab-only — the 2023 Amendment doesn't run there. Chandigarh applies the Stamp Act, 1899 as extended, e-stamped through SHCIL, Deputy Commissioner as Collector (ss.31-32); a sector site under the Capital of Punjab (Development and Regulation) Act, 1952 is the Estate Officer's.

Registration

Not compulsory, but worth doing: s.17(1)(d) covers only a lease year-to-year, over a year, or with yearly rent; a s.52 Easements Act licence creates no interest and reserves none — the 11-month ceiling is a second safeguard. Optional under s.18. Where: the Sub-Registrar or Joint Sub-Registrar of the tehsil, via NGDRS at igrpunjab.gov.in (all 22 districts). Fee: 1% of stated value, capped Rs 2,00,000 (undated, possibly stale) — assessed at the counter. Time limit: s.23 requires presentation within four months; s.25 allows four more on a fine up to 10x the fee. Separate from stamping: an India-signed instrument must be stamped BEFORE signature (s.17), only an entirely-abroad execution getting s.18's three months. Either way, record it with the Halqa Patwari (a rapat in the roznamcha waqiati; municipal or allotted property goes to that office instead) — no mutation arises since nothing transferred, but object before the Tehsildar or Naib Tehsildar (Assistant Collectors, 2nd grade, Land Revenue Act, 1887), appeal to the Collector, Divisional Commissioner, then Financial Commissioner. Check the jamabandi free at jamabandi.punjab.gov.in; a certified fard comes from the tehsil Fard Kendra (in flux since April 2025's Sewa Kendra shift). Chandigarh: at the Sub-Registrar, Estate Office complex, Sector 17; a sector site under the Capital of Punjab (Development and Regulation) Act, 1952 additionally needs the Estate Officer — clause 15.3's revenue-appeal route doesn't exist there.

Notarisation

Not legally required — valid without it — but notarise anyway, since a dated register entry is an independent record. Notarise Part A's acknowledgment every term, and Part B's renewal too. It doesn't stamp the document — an India-signed deed must already be e-stamped under section 17; only an entirely-abroad execution gets section 18's three months from receipt. A power of attorney to sign, supervise or present for registration needs authentication under section 33(1)(c), Registration Act, 1908 by a Notary, Court, Magistrate or Indian Consul — Punjab Sub-Registrars often insist on consular attestation despite India's Hague Apostille status; see G. Kalawathi Bai v. G. Shashikala, 2025 INSC 851 on dual-capacity attorneys. Sign every page; cross-sign passport photos of all parties; photograph the Caretaker with his Aadhaar beside the signed page; email a scanned copy for a dated record abroad. Chandigarh notaries are Central Government-appointed (District Court, Sector 43); same Notaries Rules, 1956 practice.

Witnesses

Two attesting witnesses: adults of sound mind, not a party, the Owner's attorney, or anyone living on or claiming the property. Record full name, parentage, address, Aadhaar and mobile for each — traceable in 2038, not a passer-by or the Caretaker's own brother. If registering, this is separate from registration: sections 32 and 34, Registration Act, 1908 require executants to appear before the Sub-Registrar within the section 23 window, identified, with two identifying witnesses; every signing co-owner must appear or send an authenticated attorney. Both Second Schedule forms need two witnesses each; reusing the same two strengthens the record. Same in Chandigarh — only the office differs.