Common Area Maintenance (CAM) Agreement (Commercial Premises)

Because it is drafted to be a service agreement, not a further lease — it grants no interest in the premises and no exclusive possession of any common area, so it falls under the residuary Article 5(c) agreement article rather than the ad valorem lease article. That treatment holds only as long as it stays true in substance: if the tenant is in fact given exclusive use of a specific area under this agreement, it can need to be stamped as a lease of that area instead.

Not automatically. Where the landlord itself provides the CAM services and bills them together with the rent, a Rent Controller or court applying the rent statute that governs the lease could still read the CAM charge as bundled into the statutory definition of rent, whatever this agreement says about keeping the two separate. Using an independent facility management company and billing CAM separately from rent reduces, though does not eliminate, that risk.

No, not compulsorily — it creates no interest in the property and is not a lease, so the sections of the Registration Act, 1908 that would otherwise require registration do not reach it. The parties can still choose to register it voluntarily, at their own cost, mainly to strengthen its evidentiary value if it is ever disputed.

Either is possible, but the choice has consequences. Billing through a named, independent facility management company sits more comfortably with the tax treatment this agreement assumes and lowers the risk of CAM being read into "rent" under the applicable rent statute. Where the landlord bills directly — especially together with the rent — both of those risks are higher, and are worth a considered view before relying on this agreement’s default position.

Not necessarily on the same footing. The reverse-charge notification that applies to renting of commercial property by an unregistered landlord is specific to rent, and this agreement deliberately does not assume it extends to CAM charges by analogy — an unregistered CAM provider’s charges are instead treated as a non-taxable supply outside the GST net. Confirm the current position before relying on it, since a future notification could change this.

An Agreement, not a Lease — chargeable under Article 5(c) of Schedule I-A to the Indian Stamp Act, 1899, the residuary entry for an agreement not otherwise provided for, and not under Article 35 or Article 36, which charge a lease. That depends on clause 2.1 of this Agreement being true in substance — no interest in the Premises passes, no tenancy is created, and the Tenant gets no exclusive possession of any area under this Agreement — and it is worth checking against what the CAM Services actually deliver before relying on it.

Article 5(c) charges a fixed fee rather than a rate tied to rent or premises value, but the fee itself is not printed in this Agreement: it is set by the administration concerned from time to time, and the Punjab figure and the Chandigarh figure are not necessarily the same, so confirm both separately before the stamp is bought — the Punjab figure at the SHCIL e-stamping counter or the office of the Sub-Registrar of the tehsil in which the Premises lie, the Chandigarh figure at the SHCIL e-stamping counter or the office of the Collector, Union Territory of Chandigarh. E-stamp through the Stock Holding Corporation of India Limited at shcilestamp.com before execution, the same channel a commercial lease in these two jurisdictions uses. No family or gender concession applies to an Article 5(c) agreement in either jurisdiction.

Not compulsory. Section 17(1)(b) of the Registration Act, 1908 catches an instrument creating, declaring, assigning or extinguishing an interest in immovable property worth more than Rs 100, and section 17(1)(d) catches a lease from year to year, over a year, or reserving a yearly rent; this Agreement does none of those things, for the reason clause 2.1 states, so neither paragraph reaches it.

Voluntary registration remains open under section 18 of that Act, at the Parties' cost and choice, and does not by itself turn this Agreement into a lease. If the Parties do register: in Punjab, before the Sub-Registrar of the tehsil in which the Premises lie, via igrpunjab.gov.in; in the Union Territory of Chandigarh, before the Sub-Registrar, 30 Bays Building, Sector 17, via revenue.chd.gov.in.

Where CAM Charges are billed by the Landlord itself rather than by a named independent facility management company, see lawyerShouldCheck for a fact-dependent risk that has nothing to do with whether this Agreement is registered, and everything to do with how the CAM Charges interact with the definition of rent under the rent statute that governs the Lease.

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Not compulsory for an unregistered Agreement, but both Parties should still sign before two adult witnesses who are not parties, so execution is easy to prove if this Agreement is ever produced before an authority or a court, and so the Parties are ready if they choose voluntary registration under section 18. If they do register in the Union Territory of Chandigarh, the first witness must, under para 127 of the Punjab Registration Manual, be known to the registering officer, and both witnesses must be known to each other; Punjab has no equivalent requirement.