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Registration of leave n license agreement

(Querist) 27 March 2012 This query is : Resolved 
Query for a Leave n License agreement being entered into by me the licensor and the licensee for a shop in Navi Mumbai, Maharashtra, for 11 months, in a co-operative housing society(CHS) premises, following the new bye-laws.
Q1: Is it compulsory for me to register the said agreement?
Q2: Based on a recent judgement passed in Mumbai, no CHS can charge more than 10% of Maintenance charge as Non Occupancy charge. But the CHS is charging more and is insisting on a registered agreement copy to enforce the above judgment. If a copy of a NON registered agreement is given to the CHS can I force them to accept it and charge only 10% as NOC?

Anupam
V R SHROFF (Expert) 27 March 2012
Leave n License agreement is compulsory for you to register the said agreement.

If you want favour, pay charge of Non Occupancy charge, as CHS is charging you. , if unregistered, giving NOTARY COPY OF agreement

YES : YOU CAN force them to accept only 10% as NOC, IF AGR REGD.

Anupam (Querist) 27 March 2012
Dear Mr Shroff,

Thank you for you reply.
Is there a difference between NOTARISED agreement and Registered agreement?
Stamp duty and registration charges will have to be paid if the agreement is registered. Is it the same for a notarised document?
Shonee Kapoor (Expert) 27 March 2012
There is a great deal of difference between notarization and registration,.

Stamp Duty and all are payable on registration.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 27 March 2012
Registered document is paid more reliance than a notarized so it is better to get the agreement registered in the given matter instead of notarized.
V R SHROFF (Expert) 27 March 2012
in notary, no sd no regn
ajay sethi (Expert) 27 March 2012
for your own safety get agreement registered obtain permission from society for giving flat on leave and licence . soc cannot charge more than 10 % Non occupancy charges


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