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leave and license

(Querist) 24 December 2010 This query is : Resolved 
sir,

In case of leave and license of flat for 11 months.

On whose name the stamp paper shall need to purchase? whether on the name of licensor or licensee?
Y V Vishweshwar Rao (Expert) 24 December 2010
In the name of Licensor !
Devajyoti Barman (Expert) 24 December 2010
The name of the licensee however would not invalidate the agreement.
Advocate Bhartesh goyal (Expert) 24 December 2010
Stamp Paper should be purchased on the name of licensee.
Arun Kumar Bhagat (Expert) 24 December 2010
Name does not matter.Even in the name of advocate does not invaldate it.
SAANJAAY GUPTAA (Expert) 24 December 2010
but if the stamp paper is in the name of advocate in that case the agreement should be signed by the same advocate to validate the agreement.
s.subramanian (Expert) 25 December 2010
Better take it in the name of licensee.
Pritam Saini, Advocate (Expert) 26 December 2010
i agree with MR. SUBRAMANIAN
Advocate. Arunagiri (Expert) 26 December 2010
Either or.
Ajay Bansal (Expert) 27 December 2010
AGREED WITH AFORESAID VIEWS.
Gulshan Tanwar (Expert) 27 December 2010
As per the provisions of CPC, a person whose interest is yet to be created can he be a buyer of any type of interest; answer is big no.

Stamp papers should be made always in the name of Licensor and not Licensee --

as by giving an interest, a right has been created in the property and if passes peaceably for 12 years without any interruption and that too with cheques, then there will be a defence of Adverse Possession.

Just have a glimpse of Defence of Adverse Possession, then all my Ld. friends will be in the right position.


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