Please suggest

Chhaya Soni (Querist) 16 October 2008 This query is : Resolved
Respected Lawyers of the Forum,

IF one company already entered into Leave & License Agreement with Licensor by which it has been restrained from subletting the premises, can it enter into understanding with its sister concern and grant the same premises to run the office. Or have to take consent from the licensor for the same. Please suggest.

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ARVIND JAIN (Expert) 16 October 2008
WITHOUT PERMISSION NO.

arunprakaash.m. (Expert) 17 October 2008
In any case consent of the licensor is required.

Murali Krishna (Expert) 17 October 2008
Two things.

1. Whether the agreement permits only the Company is important. Please check it.

2. The question is sub-letting. Restriction is for sub-letting. If the premises are given for office to its sister concern without sub-letting, i think that permission is not required.

Adv.Shine Thomas (Expert) 17 October 2008
As per the agreement you cannot sub-leting it without the consent of the licensor.

Chhaya Soni (Querist) 20 October 2008
thanks a lot for ur quick reply,

however if sister concerns enters into an MOU, licensee co. permiting its sister concern to run office from the said premises for the residue period towards which the sister concern shall pay the rent to the licensee company, can it do so, in that case prior permission required from the lisensor? Please suggest.

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