Leave and licence agreement.
Atul Kumar Khare
(Querist) 08 March 2013
This query is : Resolved
What is the purpose for executing leave and licence agreement?
What's the difference between 'Leave and Licence Agreement, 'Lease Agreement' and 'Rent Agreement'?
R.K Nanda
(Expert) 08 March 2013
state real facts.
Jatinder Singh
(Expert) 08 March 2013
Rent Agreement is an informal way of referring to a lease deed. Generally, laymen (persons with no legal background) may refer to a lease deed as a rent agreement.
On the other hand, a leave and license agreement is restricted in scope and grants merely a license to the licensee over the property demised, for carrying out any activity or using it strictly in any particular manner.
The essential element of "possession" of the property demised that one obtains under a lease is absent in a leave and license arrangement.
Hope that clarifies.
Raj Kumar Makkad
(Expert) 08 March 2013
I do endorse the views of jatinder Singh.
prabhakar singh
(Expert) 08 March 2013
It was an academic query as rightly pointed out by Mr.Sankar Narayanan.
I am not septic to these kind of queries but prefer to get abide by unanimous decision of the experts not to response such queries.
Mr.Jatinder Singh has rightly opined.
But since it is academic I try to elaborate it.
Any property has two elements in it,(a) the ownership,(b)the possession and in case of a lease the owner passes(b) to lessee to use for a consideration called rent (it is because of this consideration "rent" many people even law people call the agreement "rent agreement),the owner is called lessor or Landlord and the lessee is often called tenant too,even by law people.The law of lease is governed by provisions laid in the transfer of property Act.There are state Rent control acts governing many tenancies wherein this relationship is recognized as that of a landlord and tenant,then it is wrong to understand that lay people only call lessor and lessee relationship to be that of a landlord and tenant.
Now coming to "Leave and licence"is a phrase defined in Maharashtra only where this kind of agreement is required to be registered at the instance of the owner,else licencee version is accepted in disputes.(see Section 24 of the Maharashtra Rent Control Act, 1999, which has come into effect since March 31, 2000, provides for a body known as the Competent Authority which provides summary relief to the owner of residential premises as opposed to the existing Court System.)
Term "Licence"as been defined in the Indian Easement Act, 1882 as""where one person grants to another, or to a definite number of other persons, a right do or continue to do in or upon the immovable property of the grantor, something which would, in the absence of such a right, be unlawful, and such right does not amount to an easement or interest in the property, the right is called a licence."
In a leave and licence agreement the juridical possession of the premises is deemed to remain with the licencor and the licensee is said to be in constructive possession of the said premises. Thus a leave and licence does not create any interest in the premises in favor of the licensee but gives the licensee the mere right to use and occupy the premises for a temporary period.
prabhakar singh
(Expert) 08 March 2013
SO BARRING MAHARASHTRA A LICENCE COULD BE EVEN ORAL.
prabhakar singh
(Expert) 08 March 2013
MORE OVER BARRING MAHARASHTRA OR STATES HAVING ENACTED LAW OF THE KIND MAHARASHTRA HAS,THE EVICTION OF A LICENSEE MAY ATTRACT A REGULAR SUIT WHILE IN CASE OF TENANCY SMALL CAUSES SUITS LIES.
prabhakar singh
(Expert) 08 March 2013
I HAVE SPLIT MY ANSWERS DELIBERATELY SO THAT WE MAY UNDER STAND THE REPERCUSSIONS MORE CLEARLY.KINDLY DO NOT GET SWEPT BY NOTION THAT IT IS WITH OBJECTIVE OF SCORING AS ONE OF TOP SCORER ALWAYS REMINDS ME AND I ALWAYS PLEAD "NOT GUILTY".THOUGH I OFTEN FIND HIM INVENTING IDEAS OF SCORING MORE.
TO ME IT IS ACCIDENTAL.I DO NOT THINK PEOPLE RATED HERE BY NUMBER OF QUESTIONS ATTENDED CAN CLAIM TOP OF THE LOT OF THE BAR .
Raj Kumar Makkad
(Expert) 09 March 2013
Some persons do engage in accusing others instead of concentrating on selfless service replying the queries by their own skill and experience to mankind irrespective of their score on this forum. Nothing to add more. Bhagwan unko sadbudhi de.
