Kyc documents

Gopalakrishnan Naduvathery (Querist) 24 November 2021 This query is : Resolved
Generally the Landlords in a leave and licence agreement mentions that the tenant must not apply for aadhaar card, voters I'd card, PAN card, and so on the address on which the agreement is made? Is it not like writing a death declaration?

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This discussion clarifies the legality of clauses in leave and licence agreements that prohibit tenants from applying for government documents like Aadhaar or PAN cards at their rented address. Participants agree that such clauses are generally void and unenforceable, as tenants have a legal right to use their address for official documentation. The distinction between a lease and a licence agreement is also highlighted, with leases offering more tenant protections.

kavksatyanarayana (Expert) 24 November 2021
I think that it is not a leave and license agreement and it is only a lease (rent) agreement. For rent purposes, the leave and license agreement is not necessary. And in the lease (rent) agreement aadhaar card, voter ID card, pan card, etc., are not necessary.

Gopalakrishnan Naduvathery (Querist) 24 November 2021
Sorry to differ. A lease is in which the owner has an interest in the property, and the leave and licence agreement is for a temporary right to occupy, for specific purpose, whereas lease is for long period of time. Please clarify.

kavksatyanarayana (Expert) 24 November 2021
In my view what I opined is correct.

Sudhir Kumar, Advocate (Expert) 25 November 2021
you have only set question paper. You have not narrated specific problem faced. In such case correct advise may not follow.

Dr J C Vashista (Expert) 28 November 2021
Since the tenant is possessor-in-interest of demised premises, he is entitled to use the address for all government documents and other purposes.

How did you infer mentioning that the tenant must not apply for aadhar card, voters I'd card, PAN card, and so on the address on which the agreement is made is correct, the tenant is well within his legal right to mention the address, tenant cannot be restrained.

Gopalakrishnan Naduvathery (Querist) 28 November 2021
I am also of the considered opinion that a tenancy agreement is with full validity of KYC documents, in his possession, and of course, "ignorance is bliss"

Gopalakrishnan Naduvathery (Querist) 28 November 2021
Because I have seen registered agreements containing this clause.

K Rajasekharan (Expert) 28 November 2021
Lease and license have many differences. In license, the does not transfer the premises to the licensee. The licensee is expected to legally perform only things that are allowed under the license.

In lease the conditions governing the landlord- tenant relation is set out by the law. and the law is in favour of the tenant as it is a welfare legislation.

P. Venu (Expert) 28 November 2021
Such conditions in the lease/license deed are per se void and unenforceable.

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