Addendum to Lease (Change of Area or Rent)

Stamp duty

This Addendum is a fresh instrument chargeable with stamp duty in its own right; varying the Lease does not exempt it. PUNJAB: a lease pays 4% of annual rent under one year, 8% one to five years, 3% five to ten years, 3% of twice the average rent ten to twenty years, 3% of three times twenty to thirty years, and 3% of four times thirty to ninety-nine years, plus 1% registration fee (twice on the ten-to-twenty band), Rs 500 facilitation and Rs 200 pasting. CHANDIGARH: 2% up to five years plus 3% on the refundable security deposit only, never advance rent (not on advance rent), 3% plus 3% five to ten years, 3% of twice plus 3% ten to twenty years, 3% of three times plus 3% twenty to thirty years, and 3% of four times plus 3% thirty to a hundred years, plus 1% registration fee capped at Rs 10,000 and Rs 20 pasting. Figures checked 6 Sep 2026 against the same schedules the Commercial Lease Deed template states. Neither schedule carries an entry written specifically for a deed that only varies an existing lease's area or rent, so the amount actually assessed on THIS Addendum is a matter of departmental practice rather than a published variation rate. The practice this drafting follows, consistent with how a rent increase is generally charged, is to treat an increase in area or in rent as a fresh lease of the increment — the additional square footage, or the additional rent over the old figure — for the unexpired residue of the Term, at the band that residue falls into; and to treat a reduction as attracting only nominal or residuary duty. Whether the Sub-Registrar actually assessing THIS Addendum follows that practice, and what the exact figure comes to on your residue and your increment, has to be confirmed at the counter before execution — see what a lawyer should check. No family or gender concession applies in either jurisdiction. E-stamp via SHCIL before execution.

Registration

Follows the Lease it varies. Where the Lease is one s.107 of the Transfer of Property Act, 1882 and s.17(1)(d) of the Registration Act, 1908 make compulsorily registrable — year to year, over a year, or at a yearly rent — a deed varying its area or its rent is treated the same way, and s.49 of that Act bars an unregistered variation from being used to prove the new area or the new rent. Present within four months of execution (s.23); the Registrar may condone up to four further months on a fine of up to ten times the registration fee (s.25); after that the deed cannot be registered at all. PUNJAB: the Sub-Registrar or Joint Sub-Registrar of the tehsil in which the Premises lie, booked on NGDRS at igrpunjab.gov.in, registration fee 1% of the amount the deed is charged on. CHANDIGARH: the Sub-Registrar, U.T. Chandigarh, 30 Bays Building, Sector 17, booked at revenue.chd.gov.in, presentation between 12 noon and 1 pm, registration fee 1% capped at Rs 10,000 plus Rs 20 pasting. Whether THIS Addendum needs to be presented for registration as its own instrument is exactly the open question flagged in what a lawyer should check — confirm it with the registering office before relying on either path.

Notarisation

Not an alternative to registration — a notarised but unregistered Addendum to a Lease that itself required registration still fails s.49 and cannot prove the new area or rent. Useful only for the papers around this Addendum: a board resolution or authority letter, a guarantor's consent, confirmation of the head-lease residue where the Lessor itself holds on a sub-lease, or a title check on the additional space. A power of attorney used to execute or present this Addendum needs authentication under s.33 of the Registration Act, 1908 before execution, in Punjab or in Chandigarh alike; an unauthenticated power is refused at the counter in both.

Witnesses

Neither s.107 of the Transfer of Property Act, 1882 nor the Registration Act, 1908 requires attestation of a lease or its variation, but both the Punjab and the Chandigarh registering offices expect two adult witnesses who are not parties, and each keeps its own further requirement. CHANDIGARH: under para 127 of the Punjab Registration Manual as applied there, the first witness must be known to the Sub-Registrar — a councillor, gazetted officer or advocate in the sectors, a Lambardar, Sarpanch or Member Panchayat in a rural area — and known to the second witness too. PUNJAB: two identifying witnesses with photo identification, captured on NGDRS. In both, what actually gates registration is attendance: both executants in person with photo ID and PAN, photographed and biometrically captured, or an absent one represented by a power of attorney authenticated under s.33 of the Registration Act, 1908.