IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raanjkumar (Prop)     14 December 2010

power to vacate

 I give my flat on Leave and License with a registered agreement and option to ask licensee to vacate the flat on notice of 30 days. If the Licensee is legally very knowlegable and does not vacate then how strong is my case to get it vacated ? How do i get possesion and how much time would it take to do so.?


 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 December 2010

It will take your life time.

1 Like

Raanjkumar (Prop)     14 December 2010

Thanks for the reply, but isn't it true that there is competent authority to vacate such flat where the L&L agreement is registered ? then What is the benefit of registering ?

What about in the same scenario the Licensee is a foriegn national and his visa expires every 6 months. How long would it take to vacate him ??

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 December 2010

Foreign national has limitations to enter into agreements.

Well ;aw has to listen to both sides and decide. You can not just throw some body out.

More over you have to prove before a court on what terms originally the lease was given. More often than not landlords in order to save taxes or fees of an expert advocate enter into deals which later proves to be not enforecable.

Any more doubts mr RAJKUMAR.

1 Like

Raanjkumar (Prop)     15 December 2010

Thanks again Mr. Shashikumar.

If the regd. leave & license agreement clearly states that "on expiry of Visa of the foriegn national the agreement gets automatically terminated and the interest free deposit forfeited". The agreement also specifies that" the possession also remains with the landlord throughout the tenure of agreement."

In case the foriegner gets mean then will still the foreigner able to retain the possession of flat ? Is not the Lessor's position stronger against the foriegn national than against an Indian Lessee ?

Thanking you in anticipation



DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     16 December 2010

Pl give actual details problems in theory can not have answers.it goes on iand on.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query