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Registration of leave licence agreement

(Querist) 23 June 2016 This query is : Resolved 
I m having residential flat at dombivli, thane. Since i have shifted to mulund i had to give the said flat to one of my known person. He and his friends are staying in the said flat prior to its registration. The issue is that, the flat is in joiny name of myself and my bhabhi. Can i let out the said flat in my name? Or is there any need of any legal document from heirs of my bhabhi and my brother or their children? What procedure do i need to follow to register the same??what us the role of the society regardig the same??is there any rule that it cant be let out to the batchelors??what is the procudure for police verification??and at what stage ?? Do i need to obtain power if attorny from legal heirs if my bhabhi?? Thanks in advance.
Kishor Mehta (Expert) 24 June 2016
Madam,

If you are a joint holder and your name appears on the Share Certificate and Registered Agreement, then you can sign the agreement of Leave & License. The maintenance bill of the society should also bear your name.

A Leave & License agreement is to be prepared, you can get a draft copy from Dept.of Registration & Stamps Maharashtra, you have to request and get a permission from the society, which the society can not withhold without sufficient cause.

Good Luck,
Kishor MEhta
Rajendra K Goyal (Expert) 24 June 2016
If the flat is in joint name, rent deed should be signed by both the owners.
Adv Darshika vasani (Querist) 25 June 2016
Thank you for advice sirs, maintenance bill bears my bhabhi's name, though i have been paying the same. It has not been transfered. And what about batchalors issue?? I have not heard that letting out the property to batcholors is prohibited. But chairman of the society is of the view. He also adviced us to prepare power of attorny.


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