ਉਪ-ਪੱਟਾ / ਉਪ-ਲਾਇਸੰਸ ਕਰਾਰ (ਵਪਾਰਕ ਪਰਿਸਰ)

ਸਟਾਂਪ ਡਿਊਟੀ

Duty is on rent, not premises value, banded by term, exactly as for a head lease — because a sub-lease is itself a "lease" within s.2(16) of the Indian Stamp Act, 1899, and a leave and licence of immovable property for a fee falls to be stamped the same way in the absence of any lower, separate article for it in the Schedule as it applies in Punjab or Chandigarh. All figures checked 6 Sep 2026 (undated tables), carried over from the same source used for the head-lease template. PUNJAB: under one year 4% of annual rent; one-five years 8% of average rent; five-ten years 3%; ten-twenty 3% of twice it; twenty-thirty 3% of three times; thirty-99 3% of four times. Reg fee 1% (twice on the ten-twenty band), facilitation Rs 500, pasting Rs 200. The 8% one-five-year band is higher than the bands on either side of it and looks like a departmental error — confirm at the counter. E-stamp via SHCIL before execution. CHANDIGARH: up to five years 2% plus 3% on the refundable security deposit only, never advance rent (not on advance rent); five-ten 3% plus 3%; ten-twenty 3% of twice plus 3%; twenty-thirty 3% of three times plus 3%; thirty-100 3% of four times plus 3%. Reg fee 1% capped Rs 10,000 plus Rs 20 pasting. No sub-one-year band. BOTH: no family/gender concession. Under-stamping: deficiency plus penalty fall on whoever the deed names, and it is impounded until paid. Whether the registering office in fact charges a leave and licence at the same rate as a sub-lease, rather than treating it as a different instrument, is a question this template answers on the s.2(16) definition and flags for confirmation at the counter before the stamp is bought — see the Stamp Duty and Registration clause.

ਰਜਿਸਟਰੀ

LEASE OR LICENCE IN PUNJAB AND CHANDIGARH: THE LABEL DOES NOT DECIDE IT. A lease (s.105 Transfer of Property Act, 1882) passes an interest in the premises; a licence (s.52 Indian Easements Act, 1882) is bare permission to use and passes none. Courts look at the substance, mainly exclusive possession and what the parties really intended. If a "licence" is in substance a sub-lease, it does not escape the rent Acts (the East Punjab Urban Rent Restriction Act, 1949 in Chandigarh and for Punjab lettings made before 30 November 2013; the Punjab Rent Act, 1995 for later Punjab lettings), and a sub-lease of more than a year must be registered. The statutory label "leave and licence" carries no special weight in either jurisdiction. A SUB-LEASE granting exclusive possession is compulsorily registrable on exactly the same footing as the head lease it is carved out of — s.107 TPA/s.17(1)(d) Registration Act, 1908 for year-to-year, over-a-year, or yearly-rent lettings. Present within four months (s.23), four more on fine (s.25); inadmissible under s.49 if unregistered. A LEAVE AND LICENCE that genuinely creates no interest in immovable property is not brought within s.17(1)(d) by that section, because that section reaches leases and not licences; registering it is not compulsory on that account, though the Parties may still choose to register or notarise it for evidentiary weight, and nothing in this Deed prevents that choice. PUNJAB: Sub-Registrar of the tehsil (S.A.S. Nagar for IT City/Mohali), via igrpunjab.gov.in, photographs/Aadhaar/PAN. The same s.4, Punjab Rent Act, 1995 question that attaches to a head lease of non-residential premises attaches to a sub-tenancy of the same premises: whether s.4(2) requires the Schedule I Form at a flat Rs 1,000 fee rather than this deed's ad valorem duty. Settle it in writing at the counter before engrossing, exactly as for the head lease. CHANDIGARH: Sub-Registrar, 30 Bays Building — 12-1pm presentation, 3-5pm registration, 9-11am collection. Fee 1% capped Rs 10,000 plus Rs 20 pasting. Where the head lease is itself a Chandigarh Estate Office lease, the sub-letting may separately need that office's prior permission on top of registration of this deed — see the Head Lease clause. Deeds executed outside India for Chandigarh need Finance Department embossing.

ਨੋਟਰੀ

Not an alternative to registration where this Deed creates a sub-lease over a year — a notarised but unregistered sub-lease of that kind still fails s.49, adds nothing where registration follows, and is normally skipped. Where this Deed creates a leave and licence that the Parties choose not to register, notarisation is a sensible, low-cost way to fix the date of execution and the terms against later dispute, though it does not itself make the document any more binding than an unnotarised one. Use the notary for surrounding papers: the board resolution or authority letter, the Head Landlord's written consent to sub-letting (or an affidavit exhibiting it), and a head-lease-residue confirmation. A POA used to execute or present this Deed needs s.33 authentication (registering officer, magistrate, or abroad: notary plus consular attestation) BEFORE execution — an unauthenticated power gets refused at the counter. Chandigarh: also needs Finance Department embossing if executed abroad.

ਗਵਾਹ

TPA does not require attestation of a sub-lease (s.107 needs only execution by both parties), and nothing requires attestation of a licence either, but both registering offices expect two witnesses, adults, not parties, wherever this Deed is in fact presented for registration. Chandigarh adds a real qualification where registration is sought there: under para 127, Punjab Registration Manual, the FIRST witness must be known to the Sub-Registrar (councillor/gazetted officer/advocate in sectors; Lambardar/Sarpanch/Member Panchayat rural), both known to each other. Punjab: two identifying witnesses with photo ID, captured in NGDRS where the deed is registered there. What gates registration, where this Deed is a sub-lease requiring it, is attendance: both executants in person with photo ID/PAN, photographed, thumb impressions; a company through its authorised signatory with board resolution; an absent executant needs a s.33-authenticated POA.