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srinivasan (General Manager Admin & Accounts)     30 November 2015

Leave 7 license agreement

Sir 

Kindly suggest me that difference between Leave & Licence Agreement and General Deed. What are the features available under these.

Is this necessary that have to manage LL for commercial agreement.



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 1 Replies


(Guest)

This is very tricky issue.Unless the state rent control act like for Mumbai mentions specifically about L&L it is tricky. If you rent out a barber purpose shop totally empty to some one even on L&L it is going to be treated as  Lease only.

Lease comes under transfer of property ACT whereas Licence comes under Indian Easement act.

Both have prescribed fee as stamp duty for registration. But you need not register for less than 1 year period. In Mumbai it is mandatory to register.Delhi rent control Scthas a provision but corrupt politicians inlcduing UPA and now kejri dont promulgate it though alreadysigned by Presdient.

Unless you as licencee have some control on that shop or you might have given barber shop with your own brand name or board outside or with equipment, then it is not a genuine L&L.

L& L is also for specific pperiod  like lease

In licence the licencee gets mere right to use asset in prescribed manner. In Lease, lessee acquires interest in property.

If licence expires you can simply walk over the premises, If such cause is entered for that.

Otherwise it is simple case for eviction suit.

In lease you have to give 15 days notice form date of expeiry to vacate u/s 106 of TPA

In Mumbai most landlords go for L&L because rent control act has provision for it.

Otherwise all are same. unless some control is there on affairs of the property that is licenced. 

You can easily understand Government gives you licence for 5 years to drive after some tests and with some conditions. After 5 years you got to renew it or it is lapsed.

I will advise all to licence out your house shop or commercial purpose in such a manner that it looks to law that you have given only for purpose of use for a period, premises and you had some exercise on its affairs. For example give furnished accomodation.


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