SAPNA KANNAIDAS (COMPANY SECRETARY) 12 August 2011

Registration of leave and licence agreement

Dear Members,

Our company has taken a flat at residential locality on rent which would be used as guest house. The first page of the said leave and licence agreement has been franked with the required amount calculated as per Schedule for stamp duties and has been signed by both the parties along with the witnesses.

Is the registration process complete or anything else is required? Pls guide.

Further, there is another Leave and licence agreement being finalised which is for office premises. Except for the stamp duty, is the registration process same for both?

Experienced members pls guide.

Regards,

Sapna Kannaidas

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2 Replies

Kanaksinh P.Boda (Educationist/Lawyer) 12 August 2011

The common practice preveiling in cities like Mumbai is that a Notarized LL Agreement for a period of 11 months is considered a valid and all the CHS are accepting the said agreement for purpose of their record. Even the Police are considering the said agrement for issuing NOC. However, it is left up to individual to decide, if they want to register it.

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Bhawani Mahapatra (Law Officer) 12 August 2011

Dear Sapna,

As per statute, there is no need to register a Leave & License Agreement. However for local practice, you can register with Notary Public or at the Sub-registrar.

Another thing, you need to consider is that mere mentioning the document as Leave & LIcense agreement, it wouldn't be constured as License Deed, if the intention between the parties are to create a Lease. So its very difficult to decide whether a perticular document is License Deed or a Lease one.

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