Leave & license agreement
anish
(Querist) 27 January 2011
This query is : Open
Sir, I intent to give my residential flat on leave & license basis to a family. Agreement would be executed with husband. In my town in Gujarat registration on duty on leave and license agreement is very high as authority charges duty on license fees plus deposit equivalent to that charged on actual sale. Generally people donot get their L & L agreements registered for this reason. My feeling is that there are judgements that since in leave & license no rights are transferred because it only allows licensee to make use of the premises registration is not mendatory. In my case if i get agreement notorised and if in future any litigation happens with licensee in case he does not vacate premises etc. would court reject or consider my agreement not as bonafide because it is not registered? Will this notorised agreement not stand in court of law? In case registration is legally mendatory can i have opinion about non charging of stamp duty because unlike sale or lease no rights are transferred to licensee
