BALDEVBHAI MANEKLAL PATEL (PRINCIPAL) 07 July 2012

Leave and licence

Leave and licence agreement of my flat situated in Memnagar area (Ahmedabad) expires on 31st July 2012. It is done for 11 months. The monthly Licence Fee of this licensed Flat Rs. 15,000/-. I have got L.L. agreement notarised on Rs. 100/- Stamp Paper, but not registered under Indian Registration Act. Is it obligatory to get L.L. agreement registered in Gujarat? To get the answer I have contacted so many advocates of Gujarat High Court personally and on various websites but they all have different opinions regarding registration of L.L. agreement in Gujarat. Hence I am still confused.

I want to exercise renewal option mentioned in L.L. agreement for next 11 months. There are 33 clauses in current L.L. agreement. In new agreement I want to add 6 more clauses to make L.L. agreement more safe and secured. And I want to get this renewed agreement registered. My queries are as follows:

(1) Can I add 6 more clauses in New L.L. agreement?

(2) On expiry on extended 11 months a dispute occures between two parties for non-eviction. In the Litigation, only latest and renewed (which is registered) L.L. Agreement would be considered by the court or old agreement (which is only notarised) will also be considered?

Please help me.

From B.M. Patel

Memnagar, Ahmedabad.

07.07.2012

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3 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 07 July 2012

Mr. Patel,

This is Adv. Rohit Dalmia from Mumbai.

You have not mentioned whether you are the tenant or the Land Lord. Kindly confirm your position first.

Secondly when the party wants to renew the agreement they can do so by amending or inserting any clauses as they feel comfortable with.

Third, regarding eviction. any tenant who does not vacate the premises after the expiry of the tenancy, subject to the Landlord ready to refund the entire security deposit to the tenant shall be liable to face legal consequences i.e. criminal case.

Finally, whenever the dispute arises between the parties the agreement which is in force at that time shall be applicable.

Incase you have any further query you may call on 9324538481

Regards,

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 July 2012

A leave and license to my knowledge is not required to be registered, but you need not bother about the question because any agreement even of lease of less than 1 year is not compulsorily registrable. You can renew the same and modify the clauses that are not agreeable now, in case of future disputes - the renewed agreement will be referred to, in case it is silent about something then the old agreement may be referred to.