Leave & licence agreement
Bhagyashree Purandare
(Querist) 13 August 2012
This query is : Resolved
Dear Experts,
It is about my friend Mr. S Kumar problem.
I wanted to know if leave and licence agreement is not registered at sub registrar office and if agreement is drafted on 100 rs stamp paper and if the owner of flat is asking for immediate possession and without any proper one notice as mentioned in the agreement clause
Is this valid ??
Clause in agreement as stated below;
14. This Leave and License agreement may be terminated either by the LICENSOR or by the LICENSEE before the expiry of the period hereby agreed to by giving one calendar months notice.
Can this owner entitled for immediate possession ?
what legal action owner can take as he is
POA holder?
Also as my friend Mr. S. Kumar is living in that flat more than 4 years and possessed good relationship with owner but with no reason they are asking to vacate flat before 31St Aug and where Kumar wants to stay till October as they are shifting to other state.
What can be done in this case mutually ?
Please advice.
ajay sethi
(Expert) 13 August 2012
after one month you have to vacate the premises . if agreement not regd inadmissible in evidence as in mahrashtrtra required to be regd .
owner is not enttiled to immediate posession . clause in agreement is valid .
POA can seek to evict you as you are licensee . however fact that agreement is not regd will create problems
Bhagyashree Purandare
(Querist) 13 August 2012
Dear Ajay Sir,
Many thank for your advice.
Best Regards
Bhagyashree
Bhawani Mahapatra
(Expert) 13 August 2012
You can file a case for damage, if you are forced to vacate before one month, but its will not serve your purpose. Also though, the said agreement is a non-registered one, it will be harder to establish your claim.
