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BALDEVBHAI MANEKLAL PATEL (PRINCIPAL)     14 July 2012

Leave & license agreement

Dear sir,

I am a landlord having a flat in memnagar, gurukul. I want to give my flat to a licensee on leave & license basis for 11 months. Rs. 16000 as the license fee has been fixed and it is agreed by the both parties. Now we are going to draft and sign L.L agreement in next 15 days.

Respected sir, my question is that  --  Is it obligatory ( compulsory ) to get L.L. agreement registered under REGISTRATION ( GUJARAT AMENDMENT ACT ). or only noterised with duly wittnessed on Rs. 100 stamp paper is ligal. I am still confused as some practising and experienced lawers have different opinions regarding LEAVE & LICENSE AGREEMENT. Out of those some say it is compulsory to get L.L. agreement registerded under latest amendment by gujarat government and stamp duty shall be counted on total annual license fee.  Unregistered L.L. agreement shall not be considered in the court in case of any litigation, whereas some opine that it is not obligatory to get registered only noterised L.L.agreement is legal.

Honourable sir plase help me.

KETAN B. PATEL

email id-  ketbalpatel@yahoo.co.in

14 july 2012

 Mo. 9925288678



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     14 July 2012

dear patel

its not obligatory to register all agreements incuding your leave and licence agreement ,mere attestation with the notary public is valid for the cases of litigations.

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     14 July 2012

NOTORY is valid.. you don't need to register it.. you can refer the list below.. 

 

List of Registrable Documents - Gujarat State
Sr. No. Descripttion of Article Article No.
1 Agreement to Sale 5(h)
2 Certificate of Sale 17
3 Conveyance - Immovable Property 20(a)
4 Conveyance - Property of Co-Op Soc. 20(b)
5 Conveyance - Property of N.T.C, G.H.B., G.O.F.A. 20(c)
6 Conveyance Amalgamation / Reconstruction of Company 20(d)
7 Exchange of Property 26
8 Further Charge - With Possession 27(a)
9 Further Charge - Without Possession 27(b)
10 Gift 28
11 Lease - (Imm. Property) - Premium or Money Adv. 30(b)
12 Lease - (Imm. Property) - Rent + Premium or Money Adv. 30(c)
13 Lease - (Immovable Property) - Rent 30(a)
14 Mortgage Deed - With Possession 36(a)
15 Mortgage Deed - Without Possession 36(b)
16 Partitioned 43
17 Partnership - Dissolution 44(3)(a)
18 Power of Attorney - For Consideration - Sale of Imm. Property 45(f)
19 Reconveyance of Mortgage Property 48
20 Settlement - Other Case 52 A(ii)
21 Settlement - Religious or Charitable purpose 52 A(i)
22 Settlement - Revocation - Other Case 52 B(ii)
23 Settlement - Revocation - Religious or Charitable 52 B(i)
24 Surrender of Lease 55
25 Transfer - Trustees or Beneficiary (Without - Consideration) 56(d)
26 Transfer - Interest Secured by Bond 56(b)
27 Transfer - Under the Administrators Gen. Act 1963, Sec. 22 56(c)
28 Transfer of Lease 57
29 Trust - Revocation 58(b)
30 Trust - Declaration 58(a)
 List of Non- Registrable Document
Sr. No. Descripttion of Article Article No.
1 Administration Bond 2
2 Adoption - Deed 3
3 Affidavit 4
4 Agreement - Construction / Development / Sale / Transfer (Imm. Property) 5(g-a)
5 Agreement - Media Advertisement - Other than Newspapers 5(gb)
6 Agreement - Purchase or Sale of Bullion, Spice 5(e)
7 Agreement - Purchase or Sale of Cotton 5(d)
8 Agreement - Purchase or Sale of Govt. Sec. 5(b)
9 Agreement - Purchase or Sale of Oil Seeds 5(f)
10 Agreement - Purchase or Sale of Share, Deb. 5(c)
11 Agreement - Purchase or Sale of Yarn 5(g)
12 Agreement - Sale of Bill of Exchange 5(a)
13 Agreement (not otherwise provided for) 5(h)
14 Alteration - Article of Association of a Company 7
15 Alteration - Memorandum of Association of a Company 8
16 Appointment in Execution of Power - Movable / Immovable 9(b)
17 Appointment in Execution of Power - Trustees 9(a)
18 Appraisement or Valuation 10
19 Apprenticeship Deed 11
20 Article of Association of Company 12
21 Award 13
22 Bond 14
23 Bottomry Bond 15
24 Cancellation 16
25 Certificate or Other Document 18
26 Clearance List - Bullion or Species 18 C
27 Clearance List - Cotton 18 B
28 Clearance List - Govt. Sec. 18 A(1)
29 Clearance List - Oil Seeds 18 D
30 Clearance List - Shares, Debentures 18 A(2)
31 Clearance List - Yarn 18 E
32 Composition Deed 19
33 Conveyance - Movable Property 20 (aa)
34 Copy or Extract 21
35 Counter Part or Duplicate 22
36 Customs Bond or Excise Bond 23
37 Delivery Order in respect of Goods 24
38 Deposit of Title Deeds 6(1)
39 Divorce 25
40 Indemnity Bond 29
41 Lease - Movable Property 30 D
42 Leave and License Agreement 30 A
43 Letter of Allotment or Renunciation of Shares 31
44 Letter of Guarantee 32
45 Letter of License 33
46 Marriage Registration 34
47 Memorandum of Association of Company 35
48 Mortgage of Crop 37 (b)
49 Mortgage of Crop - Not more than 3 months 37 (a)
50 Notarial Act 38
51 Note of Protest by the Master of a Ship 41
52 Note or Entry or Letter Written by Creditor 40
53 Note or Memorandum - Bullion / Specie 39 (b)
54 Note or Memorandum - Cotton 39 (a)
55 Note or Memorandum - Goods (other than Article 39 a,b,c,d) 39 E
56 Note or Memorandum - Govt. Security 39 (g)
57 Note or Memorandum - Oil Seeds 39 (c)
58 Note or Memorandum - Stocks / Debenture 39 (f)
59 Note or Memorandum - Yarn / Non Mineral Oils 39 (d)
60 Order for the Payment of Money - More than 1 year 42 (b)
61 Order for the Payment of Money - Not more than 1 year 42 (a)
62 Partnership 44
63 Pledge, Loan or Hypothecation - Movable Property 6(2)
64 Power of Attorney - More than 5 persons 45 (e)
65 Power of Attorney - Other than Article 45 (a) 45 (c)
66 Power of Attorney - Registration of Document - Single Transaction 45 (a)
67 Power of Attorney - Suits - Small Cause Courts Act. 45 (b)
68 Power of Attorney (Development) 45(g)
69 Power of Attorney (in any other case) 45 (h)
70 Power of Attorney -Not More than 5 persons 45(d)
71 Protest by the Master of a Ship 47
72 Protest of Bill or Note 46
73 Release 49
74 Respondentia Bond 50
75 Security Bond or Mortgage - Deed 51
76 Share Warrants 53
77 Transfer of Debenture

56(a)

 

Vikas (employedd)     26 November 2012

can you please guide that this list is from which act and which schedule ?


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