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leave and license agreement

(Querist) 18 May 2009 This query is : Resolved 
for how many years is it safe to allow a particular tenant to reside in a property?

i m about to renew my L&L agreement for another 11 months now, as the first agreeement for 11 months is due to expire.

* i am wanting to know how many times can i renew the L&L with the same tenant?
* is there any risk to renew the L&L more than 2 times if the tenant is ready for an increase of 10% in license fee after every agreement.?
Jeetendra joshi (Querist) 19 May 2009
expecting an opinion please.
PALNITKAR V.V. (Expert) 19 May 2009
Unless the law prevailing in your state says that L & L agreement if executed for more than a certain period would be treated as agreement of some other kind like Lease, you can renew the agreement for any number of times and it will be treated as L & L Agreement for all purposes.
Jeetendra joshi (Querist) 19 May 2009
thanks for the reply,
the flat is in panvel, navi mumbai.

keen to know after how many period can L&L be treated as some other kind?
what are the other kinds that L&L agreement be treated?
RAKHI BUDHIRAJA ADVOCATE (Expert) 19 May 2009
Mr. Palnitker is absolutely right. I do agree with him.
Jeetendra joshi (Querist) 19 May 2009
is there any law prevailing in panvel, navi mumbai, maharashtra state which says that L & L agreement if executed for more than a certain period would be treated as agreement of some other kind like Lease ?
Uma parameswaran (Expert) 19 May 2009
Licence is a right to do or continue to do something in or upon an immovable property.It does not transfer the interest or create any interest in the immovable property like lease.There is no prescribed period for granting license.Section 13A2 of Bombay Rent Act does not provide any specified period for L&L.
Jeetendra joshi (Querist) 20 May 2009
thank u very much for the co- operation .

confirmation required to seal the query.

--- thus i conclude, that i can renew my L&L ANY NUMBER OF TIMES by franking and registering the agreement.and the tenant even after 5 years cannot claim interest on the immovable property.
sanjeev murthy desai (Expert) 20 May 2009
Dear Mr. Jeethendra Joshi,

Liecense and Leases are different things from each other. Lease difined under Trasfer of property act and license difined under section 52 of Easement act 1882. Please specify your property is licensed or leased?

Q. for how many years is it safe to allow a particular tenant to reside in a property?

Ans> there is no prescribed period under law.

i m about to renew my L&L agreement for another 11 months now, as the first agreeement for 11 months is due to expire.

Ans> Yes you can renew your L&L for another 11 months there is no problem.

* i am wanting to know how many times can i renew the L&L with the same tenant?

Ans> There is no specifically mentioned in the law, you can renew your L& L when its required.


* is there any risk to renew the L&L more than 2 times if the tenant is ready for an increase of 10% in license fee after every agreement.?

Ans> There is no any risk.

Jeetendra joshi (Querist) 20 May 2009


thanks a ton for the co-operation n making he queries crystal clear

jeetenraj


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