Licence

LAWYER ASSOCIATES (Querist) 11 January 2020 This query is : Resolved
Petitioner is saying that he has given licence to his brother Defendant to work on his land verbally. No written licence agreement as such produced by petitioner in court.
Que 1: Whether story of petitioner is enforceable at law?
Que 2:- Whether verbal licence given is valid in law, If yes than under which law and under which section?
Que 3:- Whether licence have to be in writing or verbal is also valid?

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Quick Summary

This discussion explores the legal standing of verbal licences, particularly concerning land use. It questions whether a verbal licence is legally enforceable, especially when no written agreement exists. Experts discuss implied and bare licences, noting that while oral licences were historically valid, modern practice often favours written, registered agreements for clarity and enforceability. The transferability of licences, particularly through wills, is also debated, with the consensus being that explicit mention in the will is usually required.

Sb Karma (Expert) 13 January 2020
To do what...? on his land he gave verbal licence ....

Raj Kumar Makkad (Expert) 13 January 2020
1. Yes.

2 & 3. Such type of licenses are called Bare license or Implied License. An implied license is an unwritten license which permits a party (the licensee) to do something that would normally require the express permission of another party (the licensor). Implied licenses may arise by operation of law from actions by the licensor which lead the licensee to believe that it has the necessary permission.

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LAWYER ASSOCIATES (Querist) 14 January 2020
Petitioner has produced registered will in his favour. We have challenged it in court. Petitioner is saying that executor of will has given licence to defendent to do business on a place. After his death petitioner step into shoes of Licensor.
Now My question number 1 is whether License can be transfered?
2. Executor of alleged will has given title in land to petitioner, But whether petitioner automatically become licensor in this case or there should be specific instructions in the will that License shall alsoc be transfered to petitioner as a Licensor?

SHIRISH PAWAR, 7738990900 (Expert) 14 January 2020
Dear sir,

Without specific statements in will license cannot be transfered. Petitioner will become owner of the land and he is bound by the terms and conditions given in the will.

Regards,

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LAWYER ASSOCIATES (Querist) 14 January 2020
I welcom opinion of Mr. Pawar and Mr. Raj, I also want to have opinion of other experts also.

KISHAN DUTT KALASKAR (Expert) 15 January 2020
Dear Sir,
It is permissive possession and his possession and your admission itself goes to show that he is on oral license. You may get back your land either verbally cancelling such license or approach the Civil Court by filing suit for recovery of possession.

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T. Kalaiselvan, Advocate (Expert) 17 January 2020
The licence can be be given orally too.
However the oral licence can be cancelled by oral notice also.
It can be enforced by law also especially when the oral licence is given without any condition.

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LAWYER ASSOCIATES (Querist) 17 January 2020
I disagree that Licence can be oral in this modern world where everything has to be registered with registrars of various departments. And this type of crucial licence to use somebodies land, How can it be in oral only.
Question:- What would be the evidence of such type of licence.

LAWYER ASSOCIATES (Querist) 17 January 2020
I am not cutting the thoughts of my learned friends, But i am presenting my opinion.

T. Kalaiselvan, Advocate (Expert) 17 January 2020
You are right in your opinion that the license is to be reduced to writing and it would be better by a registered document to enforce the same.
However in your query you had not mentioned about which era this license was granted because earlier even the oral licence was valid.
So first of all ascertain what is the case before you and for what relief did the plaintiff approach court and what is the circumstantial evidence he relies upon so that you will get an answer to your query accordingly.

LAWYER ASSOCIATES (Querist) 18 January 2020
Sita rani purchased a property in the year 1979. She died in 90's. Raju and Monu are her grandsons. Monu is in possession of property and reside with sita rani till death. Raju (a british citizen) after 12 years of Sita's death filed suit against monu by claiming that raju has registered will in his favour. According to Raju, He also cancels the licence which sita rani gave to Monu for residing at the property in suit. Monu claims that he is the owner of suit property as sita bai gave his property to him at her death.
My question 1. is :- If sita rani has sale deed in her favour, and Raju has alleged registered will in his favour, than how can there be an oral licence?

Question 2 is :- If it can be oral, than under which Law/Act/Section/provision, so that i can read it and analyse it?

Raj Kumar Makkad (Expert) 25 January 2020
Who obstructed you to come with the real facts of your query at initial stage?

The facts putforth by you now have many flaws and require your review and again put the same sequence-wise so as to make the expert understand properly.

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