Jayanta Bandyopadhyay 03 April 2023

Max tenor of leave & license agreement in bengal

Parent Co [ parents of LLP partners] is executing Leave & Lease agreement with LLP [ actually sons represent this] for a period of 10 years. My understanding :-

Upto 11months, no stamp duty & registration

But here, only notarized on Rs.100 stamp paper. No registration.. No stamp duty.

Is it legally tenable ?

More so..Lessor has a trade licence but lessee is utilizing same facility without any proper licence .

The above lease agreement is required to renew e-seal container with RFID chip.

Kindly advise.

Regards

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5 Replies

P. Venu (Advocate) 03 April 2023

Any suggestion depends upon the Rent Laws, as in force in the State.

T. Kalaiselvan, Advocate (Advocate) 04 April 2023

As per latest rent control laws, even the 11 months lease agreement has to be entered into between the parties through a registered deed only otherwise it will not be legally valid.

Dr J C Vashista (Advocate) 04 April 2023

Rent control is State subject which slightly differ from a State to another.

West Bengal there is no existence of Leave and License .

If the agreement receives consideration of money then the same would be treated as rent and depending on the quantum of rent the rent act would be applied

Jayanta Bandyopadhyay 04 April 2023

Many thanks to all of you,Sirs.

We are from West Bengal. Surprisingly Customs Dept is accepting such docs over the years. It is family business with multiple companies all controlled by single family having husband wife LLP format.

No registration. Simply on Rs.100 stamp.paper and notarized. All Govt Depts are accepting. Now tenor increases to 10 years whimsically. I find myself in a tight position. Kindly guide.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 April 2023

Nowadays it is a must for every business export concern. Gone are the days where a jurisdictional officer had to supervise the stuffing of export cargo. The Central Board of Excise and Customs (CBEC) has introduced a concept which enables the exporters to self-seal their containers using electronic seals. Implementation of these measures shall reduce the transportation cost as exporters no longer liable for MOT (Merchant Overtime) charges with respect to the supervision, combined with the fact that the time taken for moving the goods shall also reduce significantly. The initiative will be processed through RFID (Radio Frequency Identification) e-seal.