License agreement without fee
anish
(Querist) 30 November 2011
This query is : Resolved
Sir
I want to give my flat to one of the friends for use as residence for 12 months without collecting any rent/fees. However for the sake of clearity i would like to execute an agreement. Can there be a Leave & license agreement without license fees and deposit or such agreement will be termed as a kind of MOU? In such case the parties would be termed as licensor/licensee or owner/user or some other terms are to be used? Legally what should be done so that he may not create or claim any interest /right in flat in future? Generally all terms of standard Leave & license agreement except payment of any license fees are agreed.
ajay sethi
(Expert) 30 November 2011
i would not advice you to give your flat to any of your friends in such a fashion .
for leave and licence agreement necessary to mention licence fees.
provide for payment of licence fees you cna refund said amount to your friend in cash .
if your friend gets used to staying for free then he may change his mind and refuse to vacate your flat .
Devajyoti Barman
(Expert) 30 November 2011
Where does the flAt situate?
If it relates one at WB then license fee in a leave and license agreement is termed as rent and the agreement a tenancy agreement.
In that context mentioning of licensee fee would be counTer productive if that flat is in WB.
prabhakar singh
(Expert) 30 November 2011
Dear author : anish !
AND MANY MORE AUTHORS !
Invariably we inform that property and its' stamp duty maters are related to states.Hence right guidance can be given only on dis closer of situation of property.
Hence you all who go through here kindly always mention the name of state.
An other way may be by creation of a must mention of state while formation of query is taking place this information is seeded as of necessity.The administrator may easily get query box designed so.
anish
(Querist) 30 November 2011
Sir
The flat is in Ahmedabad (Gujarat). Would my friend get less rights if he is not paying rent /fees than if he is paying license fees?
In case of very remote chances of any litigation will he have a weaker case if he has paid nothing compared to making payment of any fees ? The agreement will clearly state that he gets no right whatsoever of any nature in the property and legal and judicial possession will always be with me.
Sailesh Kumar Shah
(Expert) 30 November 2011
OK! It is your sweet will. you have to contact local lawyer. he would draft document,if possible, as per state law applicable.
prabhakar singh
(Expert) 30 November 2011
In my opinion if a property has to be handed over on gratuitous basis without any consideration then most safer side would be to appoint such party as a CARETAKER TO LOOK AFTER THE PROPERTY AND AN AGREEMENT SHOULD CAREFULLY BE DRAFTED BY A GOOD CIVIL LAWYER.
