L & l agreemnet
Kalpesh
(Querist) 09 October 2012
This query is : Resolved
I have a commercial Shop in the commercial comlex in ahemdabad (gujrat)
Situation is as fellows....!!!
->property was purchases in the year of 1988 by the builder but was registered in the name of my mother in the year of 2006 due to some legal matter between builder and local authority.
- we have all the purchase recipt and document related to the property purchase.
_said peropert have been rented to same party for 15 yrs.
_ notarized L&L agreement have been renewed after evey 11 month and 29 days.
- as my mom is old,widow and ill, I have
made notorized POA in my name in mumbai to exsicute rent agreemnet and i am doing so for last 2 yrs. with the POA agreement attached to the L&L agreemnt.
_ No police NOC or varification have been made ever befor renting the premisess.
_ on recoed rent is 6000/- Pm and for same we reciven chq for whole year in advance
No deposit have been taken.
No strutural change or damage have been made to the preperty
- property Tax have been pade by Rented party. (all the recipt of the property tax is in the possesion of the rented party)
No we have request the party to vacat the premisess and he have agreed to do so after the completion of the agreement.
but i dought he will not eaisly vacat the premises, so as the precosunary meagure should I send him the notice before two month of the expire of the agreemnt and get it signed by him or through registered courier. Or what else precosunary messuage should I take.
ajay sethi
(Expert) 09 October 2012
leave and license agreement has to be registered . dont issue legal notice now . contact a local lawyer . show him the papers then decide
Kalpesh
(Querist) 09 October 2012
thanks of the eairlest reply.......
that meanse Notorized agreemnet does not stand any legal validity.
as we have clearly mention in the agreemnt that ....after the term of the agreement he should vacat the premisess with out any let or hinderance
and should not claim any rights/tanancy over the peropery and should peacefully handeover the pocession to the owner.
and is that true that if the party pay proper rent and make no strutural cahnge or damage to the peroperty,. he can cliam propotual posession of the property as a tanant..........!!!
and also i requried this poperty to stary my own business....!!!
ajay sethi
(Expert) 09 October 2012
you have renewed agreement with said party for 15 years . atleast in mahrashtra leave and license agreement are required to be compulsorily regd . dont taake any chance . register the agreement and after expiry of license period ask him to vacate the premises
Bhawani Mahapatra
(Expert) 09 October 2012
Mr. Ajaya Sethi is the right perosn to advice. So please go as per his direction.
Kalpesh
(Querist) 09 October 2012
thnaks a lot Mr.Ajay for your time and advice
how should i go abt registerning the agreement...is their any dept or specific court.
I have already asked the person to vacat the premisess after the expiry of the agreemnt i.e. on 29 of jan 12
but in any case if makes delay by making any sourght of reason
or should i send him evacution letter before 2 month of expiry ....mentioning that agreemnet is expiring on so and so date and request you to vacat the permises with you belonging on or before expirey date and hand over the posession to the owner and get it signed by him.
or in any case he refuse to vacat the premises wht should be my first step.....
kindly advice...........
M V Gupta
(Expert) 10 October 2012
The agreements executed by you cannot be relied on in a court of law. As the person has been in occupation of the premises for 15 years he may claimn that he is a lessee and not a licensee. Better get the premises through negotiations rather than by giving notices.
Kalpesh
(Querist) 11 October 2012
Dear all...thnk you for your kind advice....
that mesn notorization of agreemnt hold no value....even after both the party have agreed upon the terms and condition and have signed on it.
now i am really scared as that is the only preopery that is self owned by my family as... my father expired and i was minor that time...to run the family expenses and cost of education...hence we have rented that property to one of my uncle friend....!!!
is their any advantage ...as the proprty is on my mom's name she is 65 and widow....!!!
M V Gupta
(Expert) 11 October 2012
If negotiated settlement cannot be reached, you will have to give notice for possession on ground of personal requirement. Better consult your ADVOCATE TO ISSUE A SUITABLE NOTICE. If the tenant does not vacate u will have to file an application for eviction in the court.
Kalpesh
(Querist) 12 October 2012
thank you sir....!!!
as per my cousine court evacation will take hell lot to time,effort,and money ....is that true....!!!
one more thing...in any case if disput is taken to the court ...does the othe party have to pay the rent......!!!
Kalpesh
(Querist) 01 November 2012
Dear Sir,
now the person have ake me to meet for discussion..as he want to purchase the property (but below market price)........should I record all the discussion..........!!!
ajay sethi
(Expert) 01 November 2012
go and meet him . if you so desire you may record the converstaion . in any event even if dispute lands in court licensee has to continue paying license charges or rent as you call it
Kalpesh
(Querist) 06 November 2012
thanks you sir.
