What is leave and license agreement?
A leave and license agreement is an instrument/agreement wherein the licensor allows the licensee to temporarily occupy and use one portion of immovable property for carrying on his business for residential purposes.
Is it compulsory to register leave and license agreement?
Yes, any agreement for leave and license or letting of any premises, shall be in writing and shall be registered under the Registration Act, 1908. An agreement of licence in writing shall be conclusive evidence of the fact stated therein.
What if we do not register the leave and license agreement?
The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail. Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.
Is leave and license exempted from rent control act?
The provisions relating to standard rent and permitted increases will not apply to any premises let or given on license in a building.
What are the rights of licensor and licensee?
A licensee only has the right to occupy and use the property as a mere licensee. A licensee cannot transfer his right over the property and also does not have exclusive possession of the property. The legal possession of the property is deemed to be that of the licensor.
If licensee does not deliver possession then what?
Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.
How is landlord entitled to recover possession?
A licensee in possession of premises on license for residence shall deliver possession of such premises to the landlord on expiry of the period of license; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of license, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of license has expired, shall pass an order for eviction of a licensee.
Who can take property under leave and license?
Any person who is legally entitled to enter into a contract may take a property under lease or leave and license.
What kind of property may be taken on leave and license?
Any kind of immovable property, including land, flats etc. may be taken on lease or leave and license unless there is a restriction on the transferability of the rights of such property.
How leave and license is different from lease?
The following are some of the differences between lease and a license:
A lease is a transfer of an interest in specific property, while license is a mere permission to use the property, without any transfer of any interest in the property.
What is the process of e-registration and how long does it take?
The process is very simple and comprises of 3 simple steps:- 1) Send us your details 2) Finalize the Draft Agreement 3) Schedule an appointment The entire process can be completed within a day depending upon the flow of information and the registration process takes 3-4 working days.
I am a working professional and would like to complete all formalities on holidays?
You can complete the whole process within holidays and for that purpose you don’t have to visit anywhere rather everything will be done at your doorsteps. Call us between 09:00 AM to 07:00 PM on any day including Sunday.
Can I register a commercial property (shop/office/godown etc) too?
Yes. You can register any type of property with us provided it should be a legal entity.
I found my tenant through a broker. Can I still use your service?
Our service is open to everyone be it a broker or a tenant or a landlord.
Do you assist with offline registration too?
At present our services are limited to Online Registrations only.
My owner is outside city. How to get his biometrics done?
The owner need not come to your location for Biometric verification rather we would arrange his Biometrics at his place. This service costs extra amount which will be intimated to you separately.
How authentic is e-registered agreement?
An e-registered agreement is as authentic as a traditional registered agreement but less time consuming and cheaper than the traditional one.
Do you assist in police verification?
We assist in Police Verification at extra charges. You have to simply download the Form from our website and send across to us for further process.