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Manish Kumar Gupta (Deputy Legal Manager)     24 August 2013

Registration of addendum to a lease deed required or not?

Dear All,

A Company taken a premises on License through a Registered Leave and License Agreement. There are more than 50 Licensors in a Single deed. If after few months any Licensor died, how his sucessors (wife only) can be made party to the main Leave & License Agreement. Please also confirm if we need to register that document also. Or any other wayout since there are many licensors it may happen in future also, that licensors needs to be replaced due to others reasons.

Please also confirm that document needs to be execute with particular Licensor or with all licensor since deed is signed by all licensor through there Power of Atorney Holder Person.

Regards,

Manish

 




 



 5 Replies

Advocate Vishnu (Advocate)     24 August 2013

If the wife is to be made a party to the leave and license agreement, the instrument must be registered. Otherwise, it loses the character of the lease agreement .

Manish Kumar Gupta (Deputy Legal Manager)     24 August 2013

Dear Mr. Vishnu..

Thanks for your reply.

I also want to know that, if we dont want to made every time these addendum intruments, since there are registration requirement, can we pay the subsequent licensors through any other document/or request to avoid registration. if that is legally valid?

Regards,

Manish

Advocate Vishnu (Advocate)     24 August 2013

All lease deeds will be bound by section 17 of registration act  under which makes all lease agreements made for a year or more than 1 year  as compulsarily registrable. If you do not register and avoid stamp duty applicable in your state, your status becomes very weak if any litigation arises. Hence " prevention is better than cure" 

M.S.Bhalerao (advocate)     24 August 2013

Mr. Manish.

Please go through the details of the licencesors. If the "Lincensor" in expression are included, unless such inclusion is inconsistent with the context, 

his/her or each of their respective executors,administrators, successors assigns, then when the original grantor expires, his legal heirs/successors atomatically enter in his/her place. you have to obtain necessary proof from successors and confirmation  to the effect that he /she  now entitled to receive the considertion under the contract and the agreement is binding till its expiration. such a declaration may be registered . the Company also must confirm to the legal heirs of the deceased that company will pay them as per the  term of license agreement.

Advocate  Bhalerao 

1 Like

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