Leave and licence agreement
Rahul Jhunjhunwala
(Querist) 27 October 2010
This query is : Resolved
A flat was purchased in thane city of mumbai somewhere in 1989 in the name of my elder sister in law. Even though this property was purchased in single name, there was no partition between me and my brother at that time and both of our family resided in the said property. However after 2-3 years, he shifted to jaipur. We are still residing in the said property which is in the name of my sister in law.Now our society is asking for leave and licence agreement between me and my sister in law. So my query is whether any leave and licence agreement is required to be given in such case because according to me I am not the tenant but I am the care taker of the said property. Please Help
adv. rajeev ( rajoo )
(Expert) 27 October 2010
Society has no right to ask leave and license agreement from you, because you are not a tenant. Convince this to them.
Devajyoti Barman
(Expert) 27 October 2010
Whether the Society can ask for such agreement would entirely depend upon the Rules of the Society. Generally the Society does ask for such agreement if the occupier of the flat is not found to be the owner.
Another thing, leave and license is not tenancy. A leave and license holder is only permissive occupier who does not have any right over the property and can be asked to leave the property at any time where as a tenant has got tenanted interested in the property and can be asked to leave only if the circumstances of the Rent Act so provides.
So oblige what you are asked for.
Legal Eagle
(Expert) 27 October 2010
You can ask your sister in law to send some sort of undertaking or documents informing the society that she is aware that you and your family are residing and should be allowed to continue to reside and not being troubled. Also point out to them that you have been residing in the premises from the time when the Owner was also occupying the premises.
If the society wants some sort of proof from you, you are entitled to give some proof. Note there are many cases where people have illegally occupied other peoples premises. You should keep some proof for residing in the premises.
