Is it mandatory to register a leave and license agreement?
Abhishek
(Querist) 14 November 2017
This query is : Resolved
I want to ask if it is mandatory to register a "Leave and License Agreement" in HARYANA? I am letting my property and I am leaving the city. The house is independent and not in a society. So I was advised to execute a "Leave and License Agreement" instead of a Rent Agreement as it would be safer. Now I am getting conflicting advice that it is mandatory to register it. Both the advice are being given by lawyers. One is saying it is not mandatory while one is saying it is. The agreement is for 11 months.
I have to leave the city in a couple of days and my brother is the joint owner who lives in another state. So it won't be possible for us to get it registered. So what is the actual law? Should I execute a new rental agreement for 11 months or the unregistered Leave and License ok?
PLEASE help regarding this as I am really confused.
Ms.Usha Kapoor
(Expert) 15 November 2017
. Leave & license for more than one year is required to be registered,
2. This is the reason why people enter in to LL Agreement for a period if 11 months and thereafter renews it for next 11 months,
3. Continuous stay as licensee creates problem since the licensee starts claiming to be a Tenant as per Tenancy Act which gives him tenancy right,
4. So, it is always advisable to execute the LL agreement for 11 months and thereafter break the continuityfor a month for executing the LL agreement for the next 11 months and so on and so forth,
5. This time take a letter from him stating that he has willfully vacated the premises taken by him as per the LL agreement after the tenure has expired and thereafter get a LL agreement executed with his wife giving a gap of 1 month and continue this procedure. For the gap period of one month, collect license fees (never call it rent) in cash.
MY personal advise would be to get it registered so that it would be useful for eviction of the tenant on various grounds such as default in payment of rent, bonafide requirement etc and also the registration charges will be taken care of by the tenant .as it becomes easy to prove a registered document in court for the eviction of tenant..
vamsi
(Expert) 15 November 2017
i agreed with MS. Usha Kapoor
Ms.Usha Kapoor
(Expert) 15 November 2017
Thanks Mr.Vamshi for agreeing with me.
Ms.Usha Kapoor
(Expert) 15 November 2017
If you appreciate my above answer please give me likes.
krishna mohan
(Expert) 15 November 2017
Well advised by Ms. Usha Kapoor.
R.K Nanda
(Expert) 15 November 2017
not mandatory to register it.
Rajendra K Goyal
(Expert) 15 November 2017
Not mandatory to register if it is less than one year.
Abhishek
(Querist) 16 November 2017
Thanks everyone for the answer!
Kumar Doab
(Expert) 16 November 2017
GO thru:
Central Government Act
Section 17 in The Registration Act, 1908
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
https://indiankanoon.org/doc/561156/
Kumar Doab
(Expert) 16 November 2017
Hope you are satisfied with the posts posted for you in the thread initiated by you.
The extent provisions have been cited for your reference.
