Does An E-Signature Legal For Online Rent-Agreement?

Posted by Raj Kumar on November 29th, 2019

Digitization has transformed World’s business landscape. Today, it also impacts the Indian Law for Rent Agreement Registration. Digitization makes critical processes solved easily using Digital solutions for Online Rent Agreement.

As indicated by a report distributed by KPMG and Google, digital SMBs in India increased their benefits twice as quick as offline companies. E-signatures represent one of the greatest chance to quicken this move towards digitization.

What's an E-signature?

E-signature is an electronic indication of a person's intent to accept the content of a document or a collection of data linked to the signature.

Much the same as a manually written signature, an Electronic Signature is a lawfully perceived method for expressing the signer's intent to adhere to the terms of the document they have signed. It can be used for making Online Rent Agreement if you are not in the same town.

What are the uses of an E-signature?

The Uses of the Digital Signature is equivalent to that of a written by hand signature. A Digital Signature Certificate appended to any report is a coupling duty by the mark holder in agreement to IT Law in India.

The uses of E-signature in India are in IT return filing, Sales tax, GST filing, TDS certificate, IRCTC, e-tendering, e-auction, e-bidding, e-filling, roc, Trademark, EPF, Rent Agreement Registration, and other related words

What are the required documents for E-signature to make Online Rent Agreement?

To make E-signature for Online Rent Agreement you will need two documents.

First one will be your Identity Proof and you can use any one document from the list given below:

1. Passport
2. PAN Card of the Applicant
3. Driving Licence
4. Post Office ID Card
5. Bank Account Passbook containing the photograph and signed by an individual with attestation by the concerned Bank official
6. A photo ID card issued by the Ministry of Home Affairs of Centre/State Governments
7. Any Government-issued photo ID card bearing the signatures of the individual

The second one is your Address Proof and for that, you can use any one document from the list given below:

1. AADHAAR Card
2. Voter ID Card
3. Driving Licence (DL)/Registration Certificate (RC)
4. Water Bill (Not older than 3 months).
5. Electricity Bill (Not older than 3 Months)
6. Latest Bank Statements signed by the bank (Not older than 3 Months)
7. Service Tax/VAT Tax/Sales Tax registration certificate
8. Property Tax/ Corporation/ Municipal Corporation Receipt

What are the factors that make E-signatures valid in India for the Rental Agreement?

According to the IT Act, these are the Factors That Make E-signatures Valid in India for the Rental Agreement:

(1) E-signature must be exceptionally connected to the individual marking the report. This condition is regularly met by giving an advanced endorsement based computerized ID. 

(2) At the hour of marking, the underwriter must have absolute command over the information used to produce the e-signature. Most online e-signature specialist organizations enable endorsers to legitimately attach their e-mark to the archive so as to meet this prerequisite. 

(3) Any adjustment to the appended e-signature or the archive to which the mark is fastened must be recognizable. This should be possible by encoding the report with an alters clear seal. 

(4) There ought to be a review trail that subtleties steps taken during the marking procedure. 

(5) The Digital Signature authentication must be given by a Certifying Authority (CA) perceived by the Controller of Certifying Authorities (CCA) named under the IT Act.

Are E-sign is valid for Rental Agreement?

An E-signature can be used for a valid Rental Agreement.

Ultimately, if the signature is challenged it will be up to a court to decide whether the alleged signing party had the intention to be bound by the document.

I hope you understand the whole thing about Online Rent Agreement and E-signature You can also check the Rental Agreement Format for that. If still, you have any questions you are free to ask.