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Guide

Leasing essentials

Before you sign
  • Rent above ₹50,000 a month (₹6 lakh a year) requires the tenant to withhold 10% TDS.
  • Always check title and run legal due diligence before signing.
  • A co-working office can cut costs while you set up the company.
  • Prices vary widely between areas, so local advice matters.
checked· Mondaq · AA Agama LawAll India

Leave and licence is not a lease

Leave-and-licence agreements are common in India. Unlike a lease, they transfer no interest in the property, which favours the owner. If you plan a factory or a large fit-out, a lease is safer.

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checked· Nicobar TimesAll India

Renting to expats: report within 24 hours

Owners who rent to foreigners must file Form-III (formerly Form C) online within 24 hours of arrival. It's required under the Immigration and Foreigners Act in force since September 2025, and a breach can cost ₹50,000 per case. Make sure your landlord has filed.

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checked· Verified Real EstateChennai

SIPCOT land is a conditional allotment

It is not freehold: you receive the land on condition that you build within a set period, or it can be taken back. Applications need a ₹10,000/acre deposit and a ₹10,000 fee plus GST; foreign investors add FDI papers.

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· Adullam ConsultingAll India

What to check before signing

1) Owner and title papers 2) Zoning allows your use 3) Available power and water 4) Road width and truck turning 5) Environmental consent for your industry. We arrange Indian lawyer review and Korean translation.

· Captain LegalAll India

Under-stamping can cost up to 10x

Leases must carry state stamp duty. An under-stamped agreement can be impounded, with a penalty of up to ten times the shortfall. In Maharashtra (Mumbai, Pune) it's 0.25% of total rent for the term, and deposits count too.

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· 5paisaAll India

18% GST on commercial rent

Office, warehouse and factory rent carries 18% GST. A registered landlord charges it; if the landlord isn't registered, a GST-registered tenant pays it under reverse charge. Check whether quotes include GST.

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· IncorpXAll India

Check your broker's RERA number

Agents and online platforms that broker property sales must register with each state's RERA, renewed every five years. Make sure your broker's RERA number is in the agreement.

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· Housing.comAll India

Leases over a year must be registered

Under India's Registration Act 1908, leases longer than one year must be registered. That is why 11-month agreements are common for homes. Multi-year factory and warehouse leases should be registered with stamp duty paid; rates differ by state.

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· RBIAll India

What you can buy depends on your entity

A foreign company's branch office in India may buy property for its own business; a liaison office may not. Leases of up to five years need no extra approval. Companies from some countries, including China and Hong Kong, need prior RBI approval.

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How we gather data

India has no public service that lists commercial property accurately, so we combine three sources and label every listing.

01

Government data

Parks and allotment plots from state agencies such as SIPCOT, KIADB and MIDC, and the India Industrial Land Bank.

02

Market reports

Reports from Knight Frank, JLL and Cushman & Wakefield to check rents.

03

Portal listings

We summarise listings posted by local brokers and owners on Indian property portals; ones we've checked and added ourselves carry "Verified on site".

Leasing essentials · Adullam Property