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Rupali Shah   18 March 2026

Leave and license agreement for 5 years -valid?

Hello Sir,

Leave and license agreement executed ( Notorised) for 5 years with 3 yeras lockin period.

Tenent has left the poperty ( without intimation) within 2 year without even completing lock in period.

I have 3 cheques of tenent issued towards outstanding amount of rent, that i want to deposit. 

If cheques get bounced, can i file 138 case on the basis of Leave and license agreement?

 or what remedy is available for me?

Thanking you. 

 

 



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     18 March 2026

Leave and license agreement for 5 years should be registered but a notarised one is not valid.  And you have not deposited the cheques, so how can you guess the cheques may be dishonoured?  However, in such a situation, you can file a case under Sec.138.

P. Venu (Advocate)     19 March 2026

Any suggestion depends upon the local rent laws and the terms of the rent agreement. Notarisation does not constitute valid registration.

Provisions of NI 138 could be invoked only in cases where the cheque has been issued in respect of a legally enforceable debt.

T. Kalaiselvan, Advocate (Advocate)     19 March 2026

You are discussing two subjects, the first one being the legal status or law on the rental subject and the second one is about the cheque bounce subject.

If you want to take action as per rent control latest law, then it is mandatory that the  5 years lease agreement should have been executed by a registered document, the unregistered document cannot be enforced in such a situation.

The second subject being cheue bounce case, yes you can very well file a cheque bounce case under section 138 NI act if the cheque bounces after presentation.

The cheque was issued for the valid and legally liable debt amount i.e., the rental amount , hence you can file a cheque bounce case as per law.  

Dr. J C Vashista (Advocate )     20 March 2026

Leave & Licence for 5 years  has to be registered u/s 17(1)(d) of Registeration Act, 1908, accordingly notarised document is invalid and inadmissible in law.

If you have 2 valid cheques, initiate criminal action against the tenant u/s 138 of the NI Act, 1881.

Seek professional services of a local prudent lawyer for proper analyses of facts / documents, advise and necessary proceeding.

Rupali Shah   24 March 2026

Thank you Sirs for your kind reply.


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