A licence within the meaning of Section 52 (Chapter VI) of the Indian Easement Act of 1882 is an agreement “by which a person grants to another person or a number of other persons the right to do or continue to do something in or on the licensor`s locked-in property, which would be unlawful without such a right”. Whether a given transaction creates a lease or a license is always a matter of the will of the parties, which must be inferred from the circumstances of the case concerned. To be precise, when an interest in the real estate giving entitlement to the buyer was created, it was a rental agreement; if permission to use land without exclusive possession was granted on its own, a licence was the legal result. Lease & License are two different concepts that Indian law recognizes. One of these concepts is formal, while the other offers flexibility and an alternative solution to integration into a lease agreement. A registered agreement and a non-registered agreement are on the same basis. A lease of more than one year must be registered and if it is less than one year, it is optional for the purposes of registration. If a contract of more than one year is not registered, the lease applies from month to month and can be terminated with a period of 15 days. If the property is located in Delhi, you need to ensure that the rent is above 3500/- pm, so that the lease is not protected by the Delhi Rent Control Act. The amount of rent should be clearly stated in the agreement and the rent should be received by a check in your name, so that the amount of the check and the title of the lessor are not disputed at any time.

Stamp duty is the tax/tax levied as compensation for the legal validity of your agreements. The stamp duty required for different documents varies from state to state. As a rule, in the case of holiday and license contracts, it is up to the donor/lessor to pay the recommended stamp duty for the agreement. According to section 36 A of the Bombay Stamp Act, 1958, the stamp duty for leave and licence agreements is 0.25% of the tax base. . The applicant argued that the applicant lives with his family members in the legal accommodation under the registered leave and licence agreement of 07.07.2016. It is argued that that agreement. and the license agreement does not create any right to property remedies in favor of the applicant and he can be evicted from the dwelling in court under the SARFAESI law. It is also argued that the withdrawal is ongoing.

The defendant bank and, subsequently, the leave and licence agreement was established. Consequently, the applicant`s objection to continuing in his possession as Lake Liecnsee is not sustainable. What you need to guarantee again is that the agreement is properly drafted with all the elements of an enforceable agreement, so that you can, if necessary, take appropriate legal action. . on the ground that the defendant is unable to repay his debts.3. On November 18, 2013, the petitioner and the respondent entered into the vacation and licence agreement with respect to the premises. violation and requests the defendant to pay an amount of paragraph 5,10,94,273 / – in accordance with the terms of the mentioned leave and license agreement. There was no response to the communication in question. The company petition and the appendices to the company petition. In examining the averments and annexations, I consider prima facie that the parties have entered into a leave and licence agreement.

If you want to avoid legal problems to evacuate the tenant, you must ensure that the contract is carefully drawn up, including the conditions for terminating the lease and its consequences. 1) You must take appropriate security measures when drawing up your agreement. . constructed area for the respondent with respect to the vacation and licensing agreement that the parties implemented on January 1, 2016 for a period of nine years for a royalty of Rs.88 per square foot between the parties. calculated per month on. Hotels & Resorts Pvt. Ltd. after review by the respondent, in accordance with the holiday and license agreement on page no. . .

Posted Saturday, September 25th, 2021 at 3:07 pm
Filed Under Category: Uncategorized
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