Leave and license agreement validity in the state of ap
Querist :
Anonymous
(Querist) 30 December 2011
This query is : Resolved
RESPECTED EXPERTS, WHAT IS THE LEGAL POSITION OF LEAVE AND LICENSE AGREEMENTS IN ANDHRA PRADESH? MY LAND LORD IS HAVING A READY MADE LEAVE AND LICENSE AGREEMENT WITH REGARD TO THE SHOP I WANT TO HIRE FROM HIM. HE IS NOT WILLING TO EXECUTE A REGULAR LEASE DEED OR ANY REGISTERED LEASE DEED. WHAT SHALL I DO, I HAVE TO TAKE HIS SHOP ON RENT TO RUN MY BUSINESS. ALL THE CONDITIONS EXCEDPT FEW ARE JUST LIKE LEASE CONDITIONS AND IT IS ME WHO HAS TO PAY THE REGISTRATION CHARGES OF THE LEASE DEED BUT HE IS NOT AGREEABLE TO EXECUTING LEASE DEED. PLEASE ENLIGHTEN ME AS TO WHAT SHOULD I DO? WILL I HAVE ANY LEASE RIGHTS AND THE SUPPORT OF RENT CONTROL LAWS IF I EXECUTE THE LEAVE & LICENSE AGREEMENT? PLEASE HELP.
VENKATESH HEGDE
(Expert) 30 December 2011
The Agreements itself says the answer also... leave & license agreements is an agreements allow to occupy and use the portion of a house /land /premises for a temporary period. On the expiration of the said term or period of the License or earlier termination thereof, the Licensee shall hand over vacant and peaceful possession of the Licensed premises to the Licensor In the same condition In which the premises now exist subject to normal wear and tear. The Agreement should be registered as per the law.
Deepak Nair
(Expert) 30 December 2011
Leave and license provides you the right to use the premises or a part thereof for a specific period of time. It is an alternative for Lease Agreements.
Regarding registration, I am unaware about the position in AP. Let's wait for some expert from AP to comment
Querist :
Anonymous
(Querist) 30 December 2011
RESPECTED EXPERTS,
THE ACTUAL PROBLEM IS THE LANDLORD DOESNOT WANT THE REGISTRATION OF THE LEAVE AND LEASE AGREEMENT. HE SAYS IT IS NOT REQUIRED AND AGREES TO MENTION A CLAUSE IN THE AGREEMENT THAT THE LEAVE AND LICENSE WILL BE VALID FOR A PERIOD OF TWO YEARS AND ALSO SAYS THAT THE AGREEMENT MAY CONTAIN A CLAUSE FOR RENEWAL OF THE SAME AT HIS OPTION ON FRESH TERMS AND CONDITIONS. THING IS THAT I NEED THE SHOP AND IAM OK FOR THE LEAVE AND LICENSE BUT I WANT TO BE SECURED UNDER LEGAL PROVISIONS. IAM CONCERNED ABOUT THE LEGAL VALIDITY OF THE SAID LEAVE AND LICENSE AGREEMENT. TOMORROW THE LAND LORD SHOULD NOT THROW ME OUT WITHOUT FOLLOWING THE LAW.
prabhakar singh
(Expert) 30 December 2011
IT IS CHAPTER VI: LICENCES OF THE INDIAN EASEMENTS ACT, 1882 that by its section 52 defines Licence as said ahead.
52. "Licence" defined
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence.
Therefore the main distinction between a "lease" and "licence" is that while the former creates "interest"in the property,the latter does not as the section speaks"and such right does not amount to an easement or an interest in the property, the right is called a licence. "
Therefore on its face its registration is not necessary but when some thing becomes general in alternate,disputes starts emerging and a new law intervenes to take command of worsening situation.
In Maharashtra properties appreciated in sky rocketing way and new land lords experienced that land lords with tenant are
deprived of booming prices because of occupancy tenants and recognition of tenants right,this gave birth to new breed of tenancy called "leave and licence" and with respect to new properties it became fashion to create that led to new class of litigation in this area as to terms and conditions. Legislatures found land lords main culprit
then they laid its registration must and an incumbent upon the land lords themselves,even penalty and punishment is provided for breach of rule.
So unless in AP there is some state law like Maharashtra a leave licence agreement is not required tobe registered under easement Act.
Querist :
Anonymous
(Querist) 31 December 2011
ANY EXPERTS FROM ANDHRA PRADESH, PLEASE EXPLAIN.
AS MR. PRABHAKAR JI SAID SO LONG AS BOTH THE PARTIES ARE ADHERING TO THE AGREED TERMS THERE IS NO PROBLEM BUT NO SOONER A TENANT OR THE LAND LORD WANTS TO AVOID THE AGREED TERMS THE PROBLEM ARISES. AS I UNDERSTAND AND EXPERIENCE THE PROBLEM IS NOT ALWAYS FROM THE LAND LORD OR TENANT WHO WANT TO DOMINATE AND EXPLOIT THE LAND LORD. AT THE TIME OF TAKING THE PREMISES HE WILL BE POLITE AND AGREEABLE TO ALL CONDITIONS BUT AFTER ENTERING THE PREMISES HE WILL START SHOWING HIS COLORS. AS FAR AS THE INTEREST OF TENANT IS CONCERNED IS IT BETTER TO HAVE OR NOT TO HAVE ANY REGISTERED DEED OF LEASE?
ajay sethi
(Expert) 31 December 2011
for tenant it is better to have registered deed . it would mention the conditions under which tenant can be evicted .
period of notice is mentioned . tenant cnanot be arbitraily told to vacate .
similarly the security deposit , amount of licence fee is mentioned . if landlord refuses to return security deposit tenant can refuse to vacate the premises and file suit for recovery on basis of registered agreement
Querist :
Anonymous
(Querist) 31 December 2011
Thank you sir, baat palle padhgayee. Understoood the matter.
