Leave and license


Hi,

I have a printing press in Pagadi system in South mumbai and below are the details:-

1] The landlord (who came to existence from past 3 years  - the earlier landlord sold the whole building to this landlord 3 yrs back) claims that the property in which the printing press is present is stated as Residential as per MHADA and not commercial.

2] The printing press is run by a family friend who has been running the business for us since past 8 years now as we were not able to run it by ourselves.

3] The landlord claims that we have rented the premises to our family friend as has said that he will go to court for eviction notice if we donot pay him earnings of 2 months for every year. ( for eg. if monthly income from the press is 10K, then for every year, we need to give the landlord 20K.)

4] The details of the printing press are :-

A] The motor permit, shop and establishment act and rent receipts are in the name of my family and does not contain the name of the family frnd who runs the business.

B] The sales tax number, income tax and bank account are in the name of the family friend who runs the business and not us.

C] We have been having a leave and license agreement with the family frnd to run the business ( the leave and license agreement does mention that the family friend does not have any rights on the property which expired in 2013.) From 2013 onwards, we have made a caretaker agreement with the family friend which states that the family friend is the caretaker of the business and does not have any right in the property.

From the above situation and details:-

I have no issues in giving 2 months money for every year to the landlord ( as the current rent is Rs 684 and the earning is roughly 20K per month for us, so we dont mind giving 30K every year to the landlord.

He has been asking additional 50K for previous 3 years as well (since he came to landlordship in past 3 yrs).

Could you please advise what are the possible outcomes and whether are we in a good position or bad position as compared to the landlord if he does file a suit and goes to court?

Also if we agree to give the landlord money, should we take any written consent so that such problem does not occur in the future?

 

 

 

 

 

 

 

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Other

residential property cannot be converted to commercial property without permission of the landlord and municipality,

 

if he is able to prove that property is converted to commercial without NOC from landlord and without approval from govt authority. then u have to vacant the property.

 

 
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Seniior Manager

We Have a Flat in Mumbai .We would like to rent it  out at  monthly rent of Rs.14000/- and Deposit of Rs.50000/-

Is it necessary to pay Stamp duty on Leave and license Agreement?

If  applicable how much will be the charges?

Kindly help us with the details.

 
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