Leave and licence
jach000019
(Querist) 04 October 2011
This query is : Resolved
IN MUMBAI A OWNERSHIP FLAT IN CO-OP. HSG.SOC. WHICH I INTEND TO SUB-LET ON LEAVE AND LICENCE BASIS
(A) CAN BE SUB-LETTED ON THE LEAVE AND LICENCE FOR THE PERIOD OF SIX MONTH ?
(B) IS REGISTRATION OF THE AGREEMENT IS COMPULSORY AT THE TIME OF EXECUTION OF DEED OR THE REGD. CAN BE DONE ALSO AT THE LATER STAGE ?
(3) WILL IT ATTRACT THE STAMP DUTY FOR THE SIX MONTH'S RENTAL VALUE OF L AND LICENCE THAT IS 125000/- AND STAMP DUTY HAS TO BE PAID AT THE TIME OF EXECUTION OF DEED OR AT THE LATER STAGE ?
(4) IF THE REGD.AND STAMP DUTY IS NOT PAID AT THE TIME OF EXECUTION WILL THE SOCIETY WILL ACCEPT THE DOCUMENTS BECAUSE IN MY CASE SOCIETYY HAS REFUSED TO ACCEPT MY APPLICATION FOR GIVING NOC EVEN THOUGH I AM THE BONIFIDE MEMBER AND PAYING ALL THE OUTGOOINGS REGULARLY SO IF WE SHALL PAY THE ABOVEMENTIONED CHARGES AT THE TIME OF EXECUTION OF DEED AND TOMMORROW SOC. WILL NOT ACCEPT THE DOCUMENTS THAN IT WILL BE WASTE OF MONEY ?
(4) PROCEDURE OF POLICE VERIFICATION ?
Raj Kumar Makkad
(Expert) 04 October 2011
1. You have to go through your license whether sub-letting is permissible therein or not. If yes, then act accordingly. Generally, it is not permitted.
2. It is better to register the deed immediately on its execution though it is not compulsion to do immediately.
3.In the given case stamp duty shall be required to be paid immediately on execution and registration as per prevailing rates of stamp of your State.
4. A predecessor cannot provide better rights to successor so first of all settle your dispute with society and move ahead.
5. make an application to police authorities with full credentials of proposed tenant. Rest leave upon police authorities.
prabhakar singh
(Expert) 04 October 2011
(A)Depends on covenant of agreement entered into with your land lord,if that does provide this right to vest in you then unless your land lord gives a consent in his writing for this purpose, you can not do so.
(B)law in maharashtra for leave and licence provides registration a must,hence it is always advisable to register forth with execution,although for 2/3 months time it may be postponed.
(3)certainly it shall attract stamp duty just at the time of execution,and default in this respect will attract penalty up to ten times of deficiency.
(4)you do need to settle diferences with society first.
PROCEDURE OF POLICE VERIFICATION ?
apply in the following format::
To
The Superintendent of Police,
District Police Office, _____________.
Subject: Application for Employee/Tenant Licencee Verification
Sir,
It is requested that the character and antecedents of my
employee/tenant/licencee may be verified and their Police Verification Report may
be issued to me. My personal particulars & those of my employee/tenant /licencee
are as follows:
Particulars of Employer/Landlord
Full Name (Expanded Initials)
Address
Phone
Particulars of Employee/Tenant/Licencee
Full Name (Expanded Initials)
Alias (If any)
Father (Full Name)
Spouse (Full Name) Occuption Photo
Nationality
Sex Age Caste
Permanent Address
H.No.
Sector/Village/Locality
Police Station
District & State
Proof of Identity (Voter Card/ Driving Licence/ Ration Card etc)
Local (Current) Address Residing at current
Address since
Nature of Employment (Domestic Servant/ Shop Employee/ Industrial Place of work
Worker/ Chowkidaar/ Dhobi/ Tradesman/Craftsman etc.)
Particulars of Previous Employment
Nature of Employment
Address
Particulars of Previous Employer
Particulars of relatives residing locally
R.Ramachandran
(Expert) 05 October 2011
Very well advised by both the experts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 October 2011
UNDER Mah rent control act it is the duty of the landlord to register the agreement otherwise it is criminal offense.
If your society do not permit or if som objections are there from other members that no lease can be given.The managing committee should be on your side than every thing is OK.
