Leave and license
Sangita
(Querist) 06 September 2012
This query is : Resolved
I have a property in Gujarat and I plan to undergo Leave and License agreement with my tenant. I understand from SHICL website that registering is not mandatory in Gujarat.
As I reside in Mumbai I want to know
-Is it legal if I get my Leave and License prepared in Rs 100 Maharashtra stamp paper in Mum,courier tenant, get it signed by him and then get it notarized here
--My lawyer here says it can be executed and treated as evidence but nothing more. I am not sure what this means.
Please advice.
ajay sethi
(Expert) 06 September 2012
better get agreement registered . get it drafted by lawyer have it duly stamped and regd . dont take any chances as your property is at stake . since property is in gujrat you need stamp paper of that state . stamp paper has to be purchase in your name or that of licensee
Sangita
(Querist) 06 September 2012
So what I understand is
--Even if registration is not mandated by state,its good to have. Fine
Now the Query
--However if I do not intend to go for registration,does leave and license stand in the court of law.Or its a useless document for my piece of mind.(Question is for Guj where registration is not mandatory)
--Can I get it notarized in Mum after preparing it in Guj stamp paper. I have the template from my last lawyer.
I would really appreciate answers against the points.
ajay sethi
(Expert) 06 September 2012
fror notarisation both parties have to sign in front of notary . you will have to go to gujrat both have to sign in front of notary
Sangita
(Querist) 06 September 2012
Okie thanks so what I understand is I need to do it in the state where property resides.
However another simple query
--Does leave and license stand in the court of law.Or its a useless document for my piece of mind.(Question is for Guj where registration is not mandatory)
ajay sethi
(Expert) 06 September 2012
yes if licenceee fails to vacate premises then you can take legal proceedings aginst him for his eviction .
R.K Nanda
(Expert) 06 September 2012
Take help of local lawyer.
JANAK RAJ VATSA
(Expert) 07 September 2012
you should have the leave and licence agreement executed in the place where the property is located and preferably have it registered to be of value
