BALDEVBHAI MANEKLAL PATEL (PRINCIPAL) 14 July 2012

Leave & license agreement

Dear sir,

I am a landlord having a flat in memnagar, gurukul. I want to give my flat to a licensee on leave & license basis for 11 months. Rs. 16000 as the license fee has been fixed and it is agreed by the both parties. Now we are going to draft and sign L.L agreement in next 15 days.

Respected sir, my question is that -- Is it obligatory ( compulsory ) to get L.L. agreement registered under REGISTRATION ( GUJARAT AMENDMENT ACT ). or only noterised with duly wittnessed on Rs. 100 stamp paper is ligal. I am still confused as some practising and experienced lawers have different opinions regarding LEAVE & LICENSE AGREEMENT. Out of those some say it is compulsory to get L.L. agreement registerded under latest amendment by gujarat government and stamp duty shall be counted on total annual license fee. Unregistered L.L. agreement shall not be considered in the court in case of any litigation, whereas some opine that it is not obligatory to get registered only noterised L.L.agreement is legal.

Honourable sir plase help me.

KETAN B. PATEL

email id- ketbalpatel@yahoo.co.in

14 july 2012

Mo. 9925288678

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3 Replies

Anish Thakur 7018812737 (advocate) 14 July 2012

dear patel

its not obligatory to register all agreements incuding your leave and licence agreement ,mere attestation with the notary public is valid for the cases of litigations.

kartikeya (lawyer/cyber law consultant/cyber crime investigator) 14 July 2012

NOTORY is valid.. you don't need to register it.. you can refer the list below..

List of Registrable Documents - Gujarat State

Sr. No.	Descripttion of Article	Article No.
1	Agreement to Sale	5(h)
2	Certificate of Sale	17
3	Conveyance - Immovable Property	20(a)
4	Conveyance - Property of Co-Op Soc.	20(b)
5	Conveyance - Property of N.T.C, G.H.B., G.O.F.A.	20(c)
6	Conveyance Amalgamation / Reconstruction of Company	20(d)
7	Exchange of Property	26
8	Further Charge - With Possession	27(a)
9	Further Charge - Without Possession	27(b)
10	Gift	28
11	Lease - (Imm. Property) - Premium or Money Adv.	30(b)
12	Lease - (Imm. Property) - Rent + Premium or Money Adv.	30(c)
13	Lease - (Immovable Property) - Rent	30(a)
14	Mortgage Deed - With Possession	36(a)
15	Mortgage Deed - Without Possession	36(b)
16	Partitioned	43
17	Partnership - Dissolution	44(3)(a)
18	Power of Attorney - For Consideration - Sale of Imm. Property	45(f)
19	Reconveyance of Mortgage Property	48
20	Settlement - Other Case	52 A(ii)
21	Settlement - Religious or Charitable purpose	52 A(i)
22	Settlement - Revocation - Other Case	52 B(ii)
23	Settlement - Revocation - Religious or Charitable	52 B(i)
24	Surrender of Lease	55
25	Transfer - Trustees or Beneficiary (Without - Consideration)	56(d)
26	Transfer - Interest Secured by Bond	56(b)
27	Transfer - Under the Administrators Gen. Act 1963, Sec. 22	56(c)
28	Transfer of Lease	57
29	Trust - Revocation	58(b)
30	Trust - Declaration	58(a)

List of Non- Registrable Document

Sr. No.	Descripttion of Article	Article No.
1	Administration Bond	2
2	Adoption - Deed	3
3	Affidavit	4
4	Agreement - Construction / Development / Sale / Transfer (Imm. Property)	5(g-a)
5	Agreement - Media Advertisement - Other than Newspapers	5(gb)
6	Agreement - Purchase or Sale of Bullion, Spice	5(e)
7	Agreement - Purchase or Sale of Cotton	5(d)
8	Agreement - Purchase or Sale of Govt. Sec.	5(b)
9	Agreement - Purchase or Sale of Oil Seeds	5(f)
10	Agreement - Purchase or Sale of Share, Deb.	5(c)
11	Agreement - Purchase or Sale of Yarn	5(g)
12	Agreement - Sale of Bill of Exchange	5(a)
13	Agreement (not otherwise provided for)	5(h)
14	Alteration - Article of Association of a Company	7
15	Alteration - Memorandum of Association of a Company	8
16	Appointment in Execution of Power - Movable / Immovable	9(b)
17	Appointment in Execution of Power - Trustees	9(a)
18	Appraisement or Valuation	10
19	Apprenticeship Deed	11
20	Article of Association of Company	12
21	Award	13
22	Bond	14
23	Bottomry Bond	15
24	Cancellation	16
25	Certificate or Other Document	18
26	Clearance List - Bullion or Species	18 C
27	Clearance List - Cotton	18 B
28	Clearance List - Govt. Sec.	18 A(1)
29	Clearance List - Oil Seeds	18 D
30	Clearance List - Shares, Debentures	18 A(2)
31	Clearance List - Yarn	18 E
32	Composition Deed	19
33	Conveyance - Movable Property	20 (aa)
34	Copy or Extract	21
35	Counter Part or Duplicate	22
36	Customs Bond or Excise Bond	23
37	Delivery Order in respect of Goods	24
38	Deposit of Title Deeds	6(1)
39	Divorce	25
40	Indemnity Bond	29
41	Lease - Movable Property	30 D
42	Leave and License Agreement	30 A
43	Letter of Allotment or Renunciation of Shares	31
44	Letter of Guarantee	32
45	Letter of License	33
46	Marriage Registration	34
47	Memorandum of Association of Company	35
48	Mortgage of Crop	37 (b)
49	Mortgage of Crop - Not more than 3 months	37 (a)
50	Notarial Act	38
51	Note of Protest by the Master of a Ship	41
52	Note or Entry or Letter Written by Creditor	40
53	Note or Memorandum - Bullion / Specie	39 (b)
54	Note or Memorandum - Cotton	39 (a)
55	Note or Memorandum - Goods (other than Article 39 a,b,c,d)	39 E
56	Note or Memorandum - Govt. Security	39 (g)
57	Note or Memorandum - Oil Seeds	39 (c)
58	Note or Memorandum - Stocks / Debenture	39 (f)
59	Note or Memorandum - Yarn / Non Mineral Oils	39 (d)
60	Order for the Payment of Money - More than 1 year	42 (b)
61	Order for the Payment of Money - Not more than 1 year	42 (a)
62	Partnership	44
63	Pledge, Loan or Hypothecation - Movable Property	6(2)
64	Power of Attorney - More than 5 persons	45 (e)
65	Power of Attorney - Other than Article 45 (a)	45 (c)
66	Power of Attorney - Registration of Document - Single Transaction	45 (a)
67	Power of Attorney - Suits - Small Cause Courts Act.	45 (b)
68	Power of Attorney (Development)	45(g)
69	Power of Attorney (in any other case)	45 (h)
70	Power of Attorney -Not More than 5 persons	45(d)
71	Protest by the Master of a Ship	47
72	Protest of Bill or Note	46
73	Release	49
74	Respondentia Bond	50
75	Security Bond or Mortgage - Deed	51
76	Share Warrants	53
77	Transfer of Debenture	56(a)