West Bengal Rent Agreement on Stamp Paper
Drafted by legal experts, executed on valid West Bengal stamp paper, couriered across the state — Kolkata, Howrah, Siliguri, Durgapur and beyond. Scan copy reaches you the same working day.
The twelve-month line is brutal in West Bengal
In most states, extending a tenancy from eleven months to a year costs you a Sub-Registrar visit and a modest fee. In West Bengal it changes the tax treatment entirely: a lease over one year is charged at the full conveyance rate — the same rate used when someone buys property — applied to twice the average annual rent.
- Nominal stamp paper, by long-standing convention
- The deposit does not change it
- Registration optional, no Sub-Registrar visit
- Valid and enforceable between the parties
- Conveyance rate on 2× average annual rent
- 6% urban: 6% of ₹4,80,000 = ₹28,800
- Plus 1% registration fee = ₹4,800
- Registration compulsory, both parties attend
Based on a Kolkata flat at ₹20,000 a month. Rural rate is 5% rather than 6%, with a further 1% above ₹1 crore.
The eleven-month term is not a habit here, it is an economic necessity. Two consecutive eleven-month agreements cost ₹200. One two-year lease on the same flat costs several hundred times that. If a landlord or agent proposes a twelve-month term without explaining this, they may not have worked out what it costs.
The ₹100 is convention, not the statutory rate
Nearly every guide you will read states flatly that stamp duty in West Bengal is ₹100 for an eleven-month agreement. In practice that is what the market does, and it is what the Sub-Registrar sees day in and day out. It is worth knowing that the position is a little more nuanced than that.
Under Article 35 of the stamp schedule, a lease for a term up to one year attracts bond duty at 4% on the whole rent payable for the term. On a ₹20,000 a month flat over eleven months, that would be 4% of ₹2,20,000 — roughly ₹8,800, not ₹100. The nominal ₹100 stamp paper is settled market practice for unregistered short agreements, but it is practice rather than the statutory Article 35 rate.
For an ordinary residential tenancy this rarely causes a problem: unregistered eleven-month agreements on ₹100 paper are executed across West Bengal every day and are accepted for address proof, HRA and the everyday purposes people need them for. But if you are letting commercial premises, or the tenancy is high-value, or you expect the agreement to be tested in a dispute, it is a distinction worth raising with us before we draft. An instrument that is not duly stamped can be impounded and penalised before a court will act on it.
The full West Bengal lease schedule
| Lease term | Duty charged on | Rate |
|---|---|---|
| Up to 11 months, unregistered | Nominal stamp paper by convention | ₹100 |
| Up to 1 year, statutory position | Whole rent payable for the term | 4% bond duty |
| Over 1 year, up to 10 years | 2× average annual rent | Conveyance: 6% urban, 5% rural |
| 10 to 30 years | 3× average annual rent | Conveyance rate |
| Beyond 30 years | Market value of the property | Conveyance rate |
| Registration fee | 1% — plus a further 1% duty above ₹1 crore | |
Where duty is computed on market value, the guideline value set by the West Bengal Valuation Board is used as the minimum benchmark. Registering an eleven-month agreement voluntarily costs roughly ₹1,100 in total — ₹1,000 registration and ₹100 pasting.
The Premises Tenancy Act, 1997
Tenancies in West Bengal sit under the West Bengal Premises Tenancy Act, 1997, which covers rent, the grounds on which a landlord may seek possession, and the obligations each side owes the other.
WB Premises Tenancy Act, 1997
The state tenancy statute. It applies to notified areas; outside its reach the Transfer of Property Act, 1882 and your written agreement govern instead.
Registration Act, 1908
Section 17(1)(d) sets the twelve-month line. Section 49 bars an unregistered lease that required registration from being used as evidence of the tenancy.
No statutory deposit cap
West Bengal does not cap security deposits. The Model Tenancy Act suggests two months, but that is a central model and West Bengal has not adopted it. Kolkata practice is two to three months.
A notarised eleven-month agreement is perfectly usable in West Bengal and is what most people have. Notarisation certifies signatures; it does not satisfy Section 17 where a lease exceeds a year, and it does not turn an unregistered long lease into an admissible one. Notarised vs registered, explained.
Four steps, no office visit
West Bengal registers through e-Nathikaran, the Directorate of Registration and Stamp Revenue's portal, with duty and fees payable online through the GRIPS gateway. Traditional stamp paper remains widely used for short agreements.
Fill the form
Parties, rent, deposit and term.
We draft it
A legal expert, not a template fill-in.
Stamp paper procured
Correct denomination for your term, through our West Bengal vendor network.
Delivered
Scan the same day, hard copy couriered.
Draft already written? Buy West Bengal stamp paper on its own. Unsure of the denomination, see which stamp paper you need.
A sample West Bengal rent agreement
Six clauses that decide the dispute
Because almost every West Bengal tenancy runs eleven months and renews, the renewal terms carry more weight here than in states where people sign multi-year leases.
Renewal terms
Agree the escalation percentage upfront. You will be renewing every eleven months for as long as the tenancy lasts.
Deposit and refund window
Kolkata deposits run two to three months — gentler than Mumbai or Bengaluru. There is no statutory cap, so what you write is what governs.
Notice period
State it explicitly and state it both ways. Custom is not a clause you can rely on in court.
Purpose of use
Residential or commercial. Commercial letting in Kolkata and Durgapur is where the stamping question gets sharper.
Maintenance split
Structural repairs versus day-to-day upkeep. Kolkata's older building stock makes this genuinely contentious.
Property description
Full address with premises number, ward and holding number. Kolkata addressing is layered — be precise.
Four documents
- Aadhaar — landlord and tenant
- PAN — both parties
- Property address and ownership reference
- Signatures of both parties and two witnesses
Tenant verification
West Bengal Police runs tenant verification, and Kolkata Police pushes it given the volume of student and working-professional tenancy across the city.
It is not completed by executing the agreement, and the obligation sits with the landlord.
Five expensive mistakes
- Agreeing a twelve-month term without doing the maths. In West Bengal that triggers conveyance-rate duty. It is the single costliest decision on this page.
- Assuming ₹100 is the statutory rate. It is settled market practice for short unregistered agreements. On commercial or high-value lettings, raise it with us first.
- Leaving renewal terms vague. You will renew every eleven months. Fix the escalation now, not at each renewal.
- Treating notarisation as registration. Fine for eleven months, useless for a lease that legally required registering.
- A vague deposit clause. No statutory cap here means the contract is all you have. See our drafting do's and don'ts.
Delivered across West Bengal
Start your West Bengal rent agreement
Drafted by legal experts · correct denomination for your term · scan copy the same day · couriered across the state
Create your rent agreementFrequently asked
What is the stamp duty on a rent agreement in West Bengal?
An eleven-month agreement is executed on nominal ₹100 stamp paper by settled market convention, and the deposit does not change it. A lease over one year is charged at the full conveyance rate — 6% urban, 5% rural — on twice the average annual rent, plus a 1% registration fee.
Why is a two-year lease so much more expensive?
Because West Bengal taxes a lease over one year at the conveyance rate, which is the rate used when someone buys property, applied to twice the average annual rent. On a ₹20,000 a month Kolkata flat that is roughly ₹28,800 in duty plus ₹4,800 registration, against ₹100 for an eleven-month agreement.
Is ₹100 the legal rate or just the practice?
It is settled market practice for short unregistered agreements rather than the statutory Article 35 rate, which provides for 4% bond duty on the whole rent payable for a term up to one year. For an ordinary residential tenancy the ₹100 convention is what is used across the state; for commercial or high-value lettings it is worth raising before drafting.
Does an 11-month rent agreement need registration in West Bengal?
No. Registration is optional at eleven months or below and compulsory once a lease exceeds one year. If you choose to register a short agreement voluntarily, it costs roughly ₹1,100 in total — ₹1,000 registration and ₹100 pasting.
Is there a cap on security deposit in West Bengal?
No statutory cap. The Model Tenancy Act suggests two months, but that is a central model and West Bengal has not adopted it. Kolkata practice is two to three months, which is gentler than Mumbai or Bengaluru — but since nothing caps it, what you write in the agreement is what governs.
Which law governs tenancies in West Bengal?
The West Bengal Premises Tenancy Act, 1997, in notified areas. Outside its reach the Transfer of Property Act, 1882 and the terms of your written agreement govern instead.
Renting outside West Bengal?
Stamp duty, registration rules and tenancy law change at every state border. Pick yours below.
Stamp duty per the Indian Stamp Act, 1899 as applicable to West Bengal, and the schedules published by the Directorate of Registration and Stamp Revenue. Tenancy law per the West Bengal Premises Tenancy Act, 1997. Registration position per Sections 17(1)(d) and 49 of the Registration Act, 1908. Duty and fees are payable through the GRIPS gateway on e-Nathikaran. Rates are revised from time to time — confirm before execution.
