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An electronic signature, also known as an e-signature or digital signature, is a way of signing a document electronically. It uses technology to apply a signature to an electronic document, such as a PDF or word document, in the same way that a traditional, handwritten signature would be applied to a paper document. Digital signatures use cryptographic techniques to ensure the authenticity of the signature and the integrity of the document.

A digital signature typically includes a combination of the signer's name or initials, a timestamp, and a unique identifying number that links the signature to the signer. It also includes a public key infrastructure (PKI) certificate that verifies the signer's identity and the authenticity of the signature. The certificate is issued by a trusted third-party certificate authority (CA), which verifies the identity of the signer and confirms that the signature is valid.

Digital signatures are legally binding and have the same legal weight as traditional, handwritten signatures. They are widely used in various fields like e-commerce, egovernance, e-filing, e-procurement, etc

*It is important to note that not all electronic signature is considered digital signature, only the one that uses digital signature technology and is verified by a trusted third-party certificate authority (CA) can be considered as a digital signature.*

An agreement of leave and license is a contract between the licensor and the licensee, whereby the licensor grants the licensee the right to use a premises for a specified period. The contract is typically for a 11-month period, with an option to renew for another 11 months. It is chiefly of two types Rental Agreement and Residential Lease

Benefits of a leave and license agreement are as follows

• Ease of transfer of possession - such an agreement makes eviction and/or general vacation of the property by the lessee an efficient and time-saving process due to the temporary nature of the agreement.
• Permission is granted, not ownership rights – such an agreement is a formalized method of granting permission to the lessee by the landlord for the use of such property (generally for non-commercial use), no ownership rights are available to the lessee.
• No rights to property are granted – the lessee receives no rights to ownership of the property, he/she may not make any permanent changes to the property which may negatively impact its valuation.
• No transfer of interest – the lessee in whose favour the agreement is executed cannot transfer his interest to any third party for any purpose.
• Governed under the Indian Contract Act – disputes concerning such agreements, are subject to provisions of the Indian Contract Act and the matter itself is subject to the jurisdiction of the courts in the area where the property is located.

In India, a digital contract refers to an agreement formed through electronic means, such as through email or an online platform. The Indian government recognizes digital contracts as legally binding, provided they meet certain requirements outlined in the Information Technology Act, 2000 and the Indian Contract Act, 1872. For a digital contract to be considered valid, it must be in an electronic form, be authenticated by electronic signature, and be accessible and retrievable in a manner that can be used for subsequent reference. Additionally, the contract must be executed by parties who have the legal capacity to enter into a contract. The evidentiary value of a digital contract in India is similar to that of a traditional contract. Section 4 of the IT act provides for Legal recognition of electronic records and hereby states that “Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is— (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference.”. The contract can be presented as evidence in a court of law to prove the existence of an agreement between the parties, as well as any terms and conditions agreed upon. However, the parties must be able to produce the original electronic document and establish its authenticity, integrity and non- repudiation.

When an original stamp paper is scanned in a PDF format and uploaded to a repository, it is called a scanned stamp paper. It has the same binding value as that of a physical stamp paper. The Indian Stamp Act (1899) permits this by allowing for organizations to procure e-stamp papers from government authorized vendors on behalf of customers. As per the Indian Stamp Act, stamp papers simply serve as evidence that stamp duty has been paid and are required to be “used” in the agreement, this is why the stamp paper and document are merged. Additionally, according to the IT Act, digital documents are legally enforceable. The Information Technology Act 2000 (IT Act) and the Information Technology Certifying Authority Rules 2000 (CA Rules) allow for digital documents to be validated and subsequently enforced following eSignatures from both concerned parties.

In India, physical notarization is not a requirement for digital rent agreements. The Indian government recognizes digital contracts, including digital rent agreements, as legally binding provided they meet certain requirements outlined in the Information Technology Act, 2000 and the Indian Contract Act, 1872. However, digital rent agreements are required to be authenticated by electronic signature. The electronic signature can be in the form of a digital signature certificate (DSC) issued by a certifying authority or an Aadhaar-based electronic signature (e-Sign) using the Aadhaar number of the signatory.

In India, a notary is a person who is authorized by the government to certify documents and administer oaths. Notaries are appointed by the state government and are authorized to perform notarial acts, such as attesting to the execution of documents, administering oaths, and taking affidavits. They are also authorized to certify copies of original documents and to authenticate signatures. Notaries in India are often lawyers or other professionals with legal training.

The process of notarization in India involves the following steps:

• The individual seeking notarization presents the document to be notarized, along with any necessary identification, to the notary
• The notary verifies the identity of the individual and confirms that they understand the contents of the document.
• The notary then affixes their official seal and signature on the document, certifying that it is a true and accurate copy of the original and that the signature on the document is genuine.
• Notarization in India is considered a form of authentication and serves as evidence that the document is genuine and has been executed by the person who purports to have executed it. It is also an acknowledgement of the signature on the document.

The evidentiary value of notarization in India varies depending on the type of document and the purpose for which it is being used.

For example, notarized documents are often required for legal or official purposes, such as in a court of law, for registration with government authorities, for obtaining a visa, and for other matters where an official and authenticated copy is required. It acts as both substantive and corroborative piece of evidence depending upon the situation involved.

It's important to note that the notary's signature or seal on the document does not attest to the truth of the contents of the document but only confirms that the signature on the document is authentic.

Aadhaar e-sign is a legally compliant mode of electronic signature approved by the competent Authority of UIDAI that facilitates anyone with an Aadhaar number to sign digital documents virtually. The Aadhaar e-signature is designed cryptographically to avoid fraudulent activities and has the same value as a handwritten signature. The Aadhaar e-signature makes the authentication process seamless, eliminates further paperwork, and improves efficiency. UIDAI does not permit the keeping of the record of the signature. Instead, both of the parties get a signed certificate at their registered mobile number. Aadhaar-verified e-signature makes the digital rental agreement a more secure way to digitally sign a document anywhere, anytime, because it facilitates legally valid signatures, is flexible, and is easy to implement. Here, the privacy of the signer is maintained, and secure online service is used while the keys get destroyed immediately after usage.

Yes, these documents will be accepted during the legal proceedings. These digital rental agreement documents are completely valid because they are validated through the e-sign process, where the Govt does KYC. The stamp duty is validly paid to the treasury. The digital agreement documents are validated and authorized by Section 4 of the IT Act, 2000.

The leave and license agreement mandates that the property owner has the right to enter and use the property, and the licensee can't contest the move. There is no relevance of notice period in a leave and license agreement. The leave and license agreement does not create a right of the premises in favour of the rental occupant, and this agreement document can be used as the address proof. Here, an additional line is incorporated in the contract, which states that the licensee will keep one set of house keys. In case of breach of contract, a leave and license agreement allows one to file a case for damages in a court of law. So, a leave and license agreement empowers a property owner in every possible way and assures the safety and rights of the property. In the Leave and License agreement, no transfer of interest occurs. The termination process of this agreement is easy.

Yes, the agreement clauses can be edited or amended to meet the needs of the individual or business. A bucket of ready-made clauses is available from which a user can easily insert, substitute, or remove the desired clause.

• All of these clauses and sub-clauses are discussed in detail, along with the benefits and drawbacks of including or removing them.
• There is also the option for complete customization, which allows a user to customize the agreement to their specific needs. (*Professionals or an Advocates)

The benefits of the estate office or management of the respective society or housing complex are vast. The stakeholders attached directly or indirectly to the management of the society would be assured that the residents of their premises are free from any criminal record and would give them a sense of peace and security vis-à-vis their neighborhood. Presence of an online database would ensure better and efficient management both for the estate office as well as management of the society/housing complex thereby minimizing human error. It would also ensure enhanced and improved security and a friendly environment between the parties which would ease the process of maintaining and renewing old records.

A criminal court record (CCR) report in India is a document that provides information about an individual's criminal history, including any past convictions or pending criminal cases. These reports are typically used by employers, landlords, and other organizations to screen potential employees, rental occupants, or business partners. The evidentiary value of a criminal background check report in India varies depending on the context in which it is used. In general, it is considered to be a reliable source of information about an individual's criminal history. However, in the event of a legal proceeding, the report would need to be verified and authenticated by the relevant authorities and presented in court as evidence, along with other supporting documents.

In the due course of the process if an ID or the verification is found to be negative it shouldn’t be taken on-board under normal circumstances but at some instances, it could be possibly taken on board depending upon the case type, nature, or the mutual understanding with the owner and at their responsibility. Following are the procedure to be followed if there exists a negative CCR report.

• In case the CCR report is negative, the user/agent/broker would be informed about the same after which the Lessor or the broker/agent can exercise caution in his/her dealings with the rental occupant.
• Even when the report is negative, the Lessor/agent/broker can enter into an agreement if they are satisfied that the offence or investigation in which the other party is involved is minor in nature or is prescribed within the list of minor offences mentioned in the Safe box website.

For e.g. There might be instances of misleading cases against a person or if there is a process of litigation being carried on in a criminal court of law which has its roots in a civil matter and the matter is not of such a nature that would impose any kind of threat to any person in the nearby surroundings.

Nevertheless, IN CASE THERE IS ANY SUSPICION WITH REGARDS TO THE RENTAL OCCUPANT OR ANY OF HIS ACTIVITIES , THE AUTHORITIES HAVE FULL RIGHT TO REJECT OR CANCEL HIS APPLICATION/AGREEMENT.

E-stamp paper, also known as e-stamping, is an electronic version of stamp paper that can be used for various legal documents, including rental agreements. In West Bengal, e-stamp paper can be used for rental agreements, as well as other types of agreements and documents that require stamp duty to be paid.The process of e-stamping involves paying stamp duty online, and the e-stamp paper is generated and can be printed out. The e-stamp paper, along with the rental agreement, must be presented to the registrar at the time of registration. It's important to note that the e-stamping process and the fee for e-stamp paper vary depending on the state. The West Bengal State Government has implemented the e-stamping system, and the e- stamp paper can be purchased through the official website of the West Bengal State Government or authorized agents.

In the digital rental agreement process, a host acts as a caretaker of the property on behalf of the property owner. Assigned to the property, he remains responsible for managing the rental agreement. Hosts are the ones who get appointed by the property owner and have the responsibility to manage certain rental agreements. But they are not authorized to do any documentary sign on behalf of the property owner. A host can be an area broker/ a property broker/a representative of a brokerage company/an agency/an individual/a caretaker /any person appointed by the property owner.

Verified hosts are an individual, agency, or broker who has been verified by local authorities to facilitate a host's services against any property owner's assigned property. A verified host is the most secure communication medium between the property owner and the rental occupant. Rental occupants get more assured with a verified host as the chances of fraud come down to zero. Even property owners remain stress-free by appointing a verified host to manage the assigned property.

The advantages and benefits of creating a rental agreement and a criminal court record (CCR) are as follows

• It is a streamlined, hassle- free and faster mode of creation of rental agreements, rental occupant verification in getting the background criminal check done without having to go to any local authority and notary offices which will in turn save a lot of their time, effort and money.
• It will lead to greater trust among the brokers/agents and the Lessor.
• A transparent and digital format which plugs in the present loop holes and maintains accurate records which are accessible from everywhere through mobiles/pc/laptops
• Such a broker or agent will continue to stay associated to the assigned properties listed by the property owner which ensures a connectivity of the broker with the owner that will in turn ease future operations and alliance
• Minimize human error and enhance safety.

The broker or agent act as a mediator in the course of renting a property where generally owner and a rental occupant are not well versed with each other and often have a fear of understanding the background of each other.

It has usually been observed that in the course of onboarding where the rental occupant is not available, The agent or broker act as an authorized person on behalf of the rental occupant in submission, clearance of the verification process but however, The Agent/Broker may face one or more of the following kinds of practical and legal problems in such an arrangement of authorization.

• In cases where the rental property has become of such a nature that it causes a public nuisance to the point where a complaint or suit can be filed against the agent or broker, Safebox protects the agent or the broker from such liability because there is no such concept of authorization of broker as the entire procedure of Safebox is automated and digital and there is no requirement for physical presence.
• It will save them from getting indulged or dragged into any in any criminal liability by the Police or law enforcement officers who may try to associate such agent or broker any to criminal liability or for any illegal activities undertaken in the premises like illicit drug trafficking, pimping, conspiracy or abetment to such conspiracy.
• In many cases , it is observed that brokers are indirectly dragged in cases where character of the rental occupant is in question though they have no role to play in it, but through Safebox such problems can be eliminated to a great extent through the process of instant verification and proper documentation using its automated system of checks and balances.
• Safebox is a hassle free automated forum which has its own verified set of checks and balances therefore it prevents the broker from being held liable for disputes where the rental occupant try to fraudulently mislead the agent or broker by presenting deceitful documentation.

A verified host means increased credibility. Assigning a verified host helps the property owner and the rental occupant have transparent dealings. The dealings with a verified host also assure Security from any fraud. With a verified host, a property owner can authentically have all his dealings. As hosts have access to important property details and other important property-related information, so assigning a verified host decreases the chances of worrying about your essential information. In addition, a verified host securely shares and manages access to your property documents.