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Leave & Licence

(Querist) 30 March 2011 This query is : Resolved 
I have let my premise on L & L for 11 months. Normally duplicate (Xerox) copy of registered agreement document is given to Licensee . My agent executed the L & L agreement in two counter parts i.e two original agreements were made with original photos on both copies ,one being stamped with Rs 4000/- & other being non stamped but notarised with Rs 100 frankling.
The copy that is registered with registrar & stamped Rs 4000/- is given to me & other original copy that is notarised with Rs 100 Franklin is given to licensee. Please advise is this a correct procedure or mere Zerox copy of Registered agreement is sufficient.
Can Licensee take any undue advantage as my original photos are on notarised copy given to licensee.

R.Ramachandran (Expert) 30 March 2011
If the other original copy of the agreement also clearly says that the premises has been let out only for 11 months, then you need not worry. In any case, I take it that there will be sufficient indication in the Deed(s) that the deed is being executed in counterparts.
You need not worry, Licensee cannot take any undue advantage on this account.
In any case, whenever you execute such L&L agreement in future, execute only one document, keep the original with you, give only the xerox copy (duly notorised) to the tenant.
Devajyoti Barman (Expert) 30 March 2011
No ,it is perfectly alright. In any case the notarised document is a piece of primary evidence as per section 62 of the Evidence Act.
M.Sheik Mohammed Ali (Expert) 31 March 2011
yes i agree both reply


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