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Leave and license agreement

(Querist) 02 September 2015 This query is : Resolved 


I have given my flat on leave and license at nashik FOR 11 months, CURRENTLY THE period HAS GOT over. For the renewal of the Leave and License Agreement, do I have to do the registration process again, if the tenant wants to extend his occupancy. if yes ?, then Can I take do the franking in Mumbai and register the agreement at Nashik. On What Stamp paper value should I type the Agreement.
sharmila (Querist) 02 September 2015
I have given my flat on leave and license at nashik FOR 11 months, CURRENTLY THE period HAS GOT over. For the renewal of the Leave and License Agreement, do I have to do the registration process again, if the tenant wants to extend his occupancy. if yes ?, then Can I take do the franking in Mumbai and register the agreement at Nashik. On What Stamp paper value should I type the Agreement. Please revert at the earliest.
Anupam Lahiri (Expert) 02 September 2015
Dear Sharmila,
Under the Transfer of Property Act read with Registration Act, the leave and license agreement for 11 months may be made by unregistered deed. Registration formalities arise only when the period is for at least 12 months.

Regarding renewal of the agreement, it is better to make a fresh agreement.
Kishor Mehta (Expert) 03 September 2015
Madam,

Leave & License agreement in Maharashtra is governed under Maharashtra Rent Act 1999, and registration for Leave & License agreement is mandatory.

You should register the agreement for further period, charges of the stamp duty and registration depend on the amount of license rent, deposit and period. You can get the information from the Registrar's office.

Good Luck,
Kishor Mehta


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