Act to be mentione din leave and licence agreement
ramchandra
(Querist) 26 February 2013
This query is : Resolved
My lawyer has given me proforma of Leave and License agreement wherein he has not put any specific act governing the agreement. Instead he used section 24 for possession. Under which law the Leave and License arrangement is allowed. Which law we should mention in the LL agreement Please guide me
Ramchandra Dusane
ajay sethi
(Expert) 26 February 2013
Rent act of your state .
R.K Nanda
(Expert) 26 February 2013
under rent act of ur state.
prabhakar singh
(Expert) 26 February 2013
Not in every state it is referred to in rent Act;but in Maharashtra it is certainly so.
If rent Act of any state does not contain provision about leave and license then one has to refer to provisions contained in Indian easement Act,chapter VI ,sections 52 onward.
You have not stated of which state the matter is?
ramchandra
(Querist) 26 February 2013
Sir, I am living in Maharashtra State. He verbally informed the act Maharashtra Rent Control act 1999 but he never mentioned in LL agreement instead he mentioned "existing rent act"
Day after tomorrow we have to register the agreement if somebody will guide me Iwill request him to add that
Thankful to you all sir
Ramchandra dusane
ajay sethi
(Expert) 26 February 2013
Maharashtra Rent Control Act, 1999
24. Landlord entitled to recover possession of premises given on license on expiry.
(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on license for residence shall deliver possession of such premises to the landlord on expiry of the period of license; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of license, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of license has expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of license and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the license fee or charge of the premises fixed under the agreement of license.
(3) The Competent Authority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of license.
Explanation- For the purposes of this section,-
(a) the expression "landlord" includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a sub-tenant who has given premises on license;
(b) an agreement of license in writing shall be conclusive evidence of the fact stated therein.
