Leave and Licence agreement-Mumbai Flat
Querist :
Anonymous
(Querist) 15 February 2011
This query is : Resolved
My friend rented out his flat in Mumbai on Leave and License
basis from Nov. 2008 for a period of 11 months (I .e up to Oct 2009).
The agreement contained a clause for renewal of the agreement for a
further period of 11 months from Oct. 2009 with an 10% increase of
rent for the renewed period, i.e. up to September 2010.
My friend fell sick in his home town in kerala and could not attend to the job of finding a new tenant, and the tenant being well known to us, continues to occupy the house, and is paying the
rent also regularly. Now my friend is ok and wants to undergo a fresh leave and license agreement with the same tenant in March 2011.
The question is: In a stamp paper bought in Mumbai in March 2001
Can an agreement of Leave and License be made wef September 2010 upto Oct. 2011(Can one make a post dated agreement)?
It should be noted that during that period the tenant was staying in the flat
Without any L/L agreement, but was paying the rent regularly
OR
Is it better to make the agreement from March 2011 Up to Feb. 2012
(11 months)?
A V Vishal
(Expert) 15 February 2011
In a stamp paper bought in Mumbai in March 2001
Can an agreement of Leave and License be made wef September 2010 upto Oct. 2011(Can one make a post dated agreement)?
Ans. No, the validity of stamp paper under the Bombay Stamps Act is only 6 months.
Is it better to make the agreement from March 2011 Up to Feb. 2012
(11 months)?
Ans. It is advisable to go for this option.
