Know about agreement

Irfan Hasmi (Querist) 08 October 2013 This query is : Resolved
Hi Sir,

I want to Know. can i make Agreement Every Year in Favor of Same Name. (Am Give an House on rent to one person can i able to continue that same person and every year make a new agreement with the same .

its ok sir

pls let me know about Agreement.

Waiting for your Reply Sir..

Regards
Irfan Hasmi

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Sarvesh Kumar Sharma Advocate (Expert) 08 October 2013
Eleven months agreement can be madeout without registration

Advocate M.Bhadra (Expert) 08 October 2013
Better to execute 11 month Leave and Licence Agreement, which as defined in Section 52 of the Indian Easements Act, 1882, gives the licensee the right to use and occupy the Licensed Premises for a limited duration. A Leave and Licence Agreement does not give to the tenants any ownership right of the property, nor does it provide the same non-eviction protections given in a Tenancy Agreement, rather the license can be terminated as per the terms of the agreement or otherwise and licencsor can demand possession back from the licensee.

In Some States in India no need to registration of this kind of agreement,but it is specific to the city of Mumbai where owner prefer to use this agreement rather than a standard Tenancy or Lease Agreement in order to save on the Stamp Duty and registration charges. A Leave & License agreement is usually for a period of 36 months.

Under Section 55 of the Maharashtra Rent Control Act, 1999, it is compulsory that all Leave and Licence agreements should be in writing and registered.

Leave and Licence Agreement of 11 months execute irrespective to Rent Control Act or Premises tenancy Act in some States it is own and respective under the provision Section 52 of the Indian Easements Act, 1882.