Gratious license
TRIBHUVAN PUROHIT
(Querist) 03 January 2012
This query is : Resolved
Dear Sir,
Please let me know about gratious license.
Secondly, If gratious license is not registered document, can it be relied in court?
What is jurisdiction for this "Gratious" License.
Awaiting your earliest reply.
Thanking You,
TRIBHUVAN PUROHIT
prabhakar singh
(Expert) 03 January 2012
A gratuitous licence means licence granted without any consideration.
For rest state facts clearly with location of state in which the property is.
If it is your simple academic zeal then read
"THE INDIAN EASEMENTS ACT, 1882CHAPTER VI
LICENSES
52."License" defined.
52. "License" 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 license.
If you are in Maharashtra you need to go with its rent act where licence is separately dealt and registration made must with direction that duty to register is on land lord failing which offence and penalty is also attracted.
In case your property is located in other state check first if there is any such law passed by state then state law shall govern the matter otherwise the provision of the Act quoted here.
Deepak Nair
(Expert) 03 January 2012
Dear Prabhakar Sir,
Thanks a lot for throwing light on this.
I too was not aware of the same.
Raj Kumar Makkad
(Expert) 04 January 2012
If such lincense is not registered, it cannot be exhibited document before a court of law and its jurisdiction is mentioned in the license itself by issuing authority.
Shonee Kapoor
(Expert) 05 January 2012
Thanks a ton Ld. Prabhakar Singh Ji.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 05 January 2012
its mean.,
An individual who is permitted, although not invited, to enter another individual's property and who provides no consideration in exchange for such permission.
For example, a person who obtains the permission of the owner of a parcel of land to park his or her car on such land for a few hours is a gratuitous licensee. Since the driver of the vehicle was not invited by the owner, he or she is not an invitee, and since the driver has obtained the owner's permission, he or she is not committing a Trespass. If the driver does not pay for the permission to park, the license to do so is thereby considered gratuitous.
-tom-
