Leave and licence
snpatil
(Querist) 07 May 2015
This query is : Resolved
Sir, Is it necessary to take permission from the society to give a flat on Leave and Licence basis (11 Months)to a Licencee?
Secondly, is it necessary to register such document if it is only for 11 months?
Kishor Mehta
(Expert) 07 May 2015
Sir,
I presume you are a resident of Maharashtra.
[1] In Maharashtra, the permission of the society is necessary to rent your flat on Leave & License.
[2] In Maharashra, it is mandatory to get the agreement of Leave & License properly stamped and registered.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 08 May 2015
Agree with the expert if property is in Maharashtra.
ajay sethi
(Expert) 08 May 2015
yes it is necessary in mahrashtra to register agreement and obtain prior permission of society
T. Kalaiselvan, Advocate
(Expert) 09 May 2015
The registration aspect depends on the local law of the state where the proposed agreement is to be executed.
snpatil
(Querist) 11 May 2015
Thanks to Experts for reply. Just more query:
During the process of registration,payment of stamp duty and verification by Police for making the leave and licence agreement, no where the society permission is sought by respective authorities. The format does not include this requirement.
Now if the agreement is registered, stamp duty is paid and Police verification is complete, what is the basis for society not to give permission?
Is the society permission required in writing? Who is the authority to give such permission? Secretary or President?
Kishor Mehta
(Expert) 12 May 2015
Sir,
If your society is situated in Maharashtra, the society is governed by the Model Bye-Laws of Maharashtra Co-Operative Housing Society.
Model Bye-Laws 42(1) & 42(2) read as under:
"( J ) Sub-letting etc. of Flats
42. (1) A member shall intimate to the society, of subletting his flat or giving on leave and license basis or care taker basis or parting with its possession in any other manner, however the member shall submit a copy of leave and license agreement and copy of intimation report to the police station.
(2) No permission of the Society is required to sublet the flat / shop. However the intimation needs to be given to the society 8 days before such subletting."
No permission is required, but an intimation is to be given to the Secretary of the Managing Committee of your society of your intention of giving your flat on Leave & License basis. A copy of the L&L document, alongwith the Police NOC, is to be submitted to the Secretary of the Managing Committee.
I believe this will satisfy your query.
There are other Bye-Laws making it necessary for the Licensee to become a nominal member of the society on payment of a fee of Rs.100/-.
Please refer the Model Bye-Laws of Maharashtra CHS, 2014 edition, for explanation to further queries.
Good Luck,
Kishor Mehta
