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Vishwajeet   21 March 2016

Owner's protection in 11 months leave and license agrement ?

Is the legal validity of Notarised Leave and License (L&L) Agreement (L&L) for 11 month for a Residential Property in Ghaziabad is same as the registered L&L Agreement in the court of law ? I am owner of the house, so from owner's perspective does the Notarised L & L gives the same protection as the registered one gives to the owner of the house?



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 7 Replies

adv.bharat @ PUNE (Lawyer)     21 March 2016

1) Under the provisions of section 55 of the Maharashtra Rent Control Act,1999 a leave and licence agreement is required to be registered under the Registration Act,1908,which in turn provides for registration with the Sub-Registrar.

2) Executing the leave and licence agreement before a public notary is not enough to comply with the law.Even notorized agreement is valid, but it is a secondary evidence, not primary. In case of court case, the court will call upon the notory who needs to show his journal/whatever he 'notes' the things to prove the document is legal and done in his presence.

3) Notorised is faster and easier compared to registered. It save ur Time and Money also. But A notarised document is not well protected in the court of law.  Hence its better you catch hold of a broker and get your document registered..

3) Both are good if you know tenant well as notarized saves money compared to registered. However, if you need to go to court for any reason, only the registered agreement is held valid.
Better do a registered agreement if you are the landlord.


4) It protects the landlord in case of dispute. If you are the tenant, notarised agreement is more favourable to you, since you can refuse to leave posession and the landlord cant do anything about it for years. So, registered agreement is safer but more expensive. 

5) Finally I would say that in any part of our country LAW interpreat the same. However state have prepared their own statute for regulation of activity.

6) In ur Gahizabad State u can do ur document Registered since it save ur Rights and give u ur duties to comply.

for more information

emal- bharatpawar@icloud.com

1 Like

Vishwajeet   21 March 2016

Thank you very much Sir!! for the detailed and very clear reply. Best Regards, Vishwajeet

Vishwajeet   21 March 2016

Dear Sir, Thank you for your detailed reply on my query. I have another related query. From House owner's protection, for how long one should allow a tenant to stay in a house on consecutive 11 months agreements ? And beyond a particular period, one should take back the physical possession of the house.

adv.bharat @ PUNE (Lawyer)     21 March 2016

Dear Vishwajeet

1) Equality before LAW means equal protection to all. This means that Owner and tenant will get protectin under law. 

2) How much period of tenant can be allowed is depend up on ur understanding with tenant. Generally 11 month agreemnt is preferred by all parties to whom i meet.

Finally decision is ur.

Thanks

Upendra P Sinha (Retired)     21 March 2016

I am landlord of a flat in Navi Mumbai and have registered a leave & licence agreement with the sub registrar for 12 months.

I would like to know the difference between 11 months leave & licence agreement over 12 months leave & licence. How is different and more beneficial to the owner. Is is just the increase in rent after 11 months i.e. 1 month earlier over a 12 month leave and licence agreement. Is there any technical difference in these two agreements.

Kindly advice. 

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 A Leave & License is an agreement made by a licensor and a licensee which allows ... In the case of leave and lease, the owner leaves the place with various ... Like when the licensee does not pay the rent on a monthly basis or as ... The tenure is mostly fixed for 11 months and it is to be mentioned clearly. Buy instgaram followers australia


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