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nlr (na)     30 December 2009

Hydbad--Leave and license or lease

Is a leave and license better than a lease to protect the land owner's rights?

This is regarding a commercial property in hyderabad.

Can the agreement be for a period of 2 years? I intend getting the deed registered.

Hyderabad advocates who specialise in these matters, please PM me.



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 4 Replies

A V Vishal (Advocate)     30 December 2009

Lease is defined under Section 105 of The Transfer of Property Act,1882 and a lease of immoveable property is a transfer of a right to enjoy such property for a certain time or in perpetuity on consideration to be rendered periodically or on specified occasions, while a licence is defined in Section 52 of the Indian Easement Act,1882 and it does not create any interest in the premises in favour of the licensee excepting a mere right to use and occupy the premises for a limited duration. Both documents have now to be registered. A lease deed is required to be stamped and registered. However the stamp duty payable on lease is more than on Leave and Licence for a period upto three years. For a period exceeding three years the stamp duty is same for both agreements.

V. VASUDEVAN (LEGAL COUNSEL)     31 December 2009

 You may contact Adv.lakshminarayana @9848326496 

subhash kumar (advocate)     02 January 2010

dear, the rent agreement for the period of more than 11 months required to be registered . opt for lease is good.

subhash kumar,adv

Prem Dhawan (service)     22 March 2010

Dear Mr. Kumar,

How can you suggest that lease is better option for owner?

Leave & License is better because it gives only temporary .rigths to the tenant and no protection against eviction.


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