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Leave and license agreement in maharashtra.

(Querist) 02 October 2013 This query is : Resolved 
why leave and license agreement is executed for 11 Months only not 12 months or more or less 11 month in Maharashtra.
Advocate M.Bhadra (Expert) 02 October 2013
A Leave and Licence Agreement, as defined in Section 52 of the Indian Easements Act, 1882, gives the licensee the right to use and occupy the Licensed Premises for a limited duration. A Leave and Licence Agreement does not give tenants any ownerships right of the property, nor does it provide the same non-eviction protections given in a Tenancy Agreement, rather the license to occupy can be terminated as per the terms of the agreement or otherwise and licensor can demand possession back from the licensee.

This kind of agreement is specific to the city of Mumbai where owner prefer to use this agreement rather than a standard Tenancy or Lease Agreement in order to save on the Stamp Duty and registration charges. A Leave & License agreement is usually for a period of 36 months.

Under Section 55 of the Maharashtra Rent Control Act, 1999, it is compulsory that all Leave and Licence agreements should be in writing and registered.

Leave and Licence Agreement of 11 months execute irrespective to Rent Control Act and under the provision Section 52 of the Indian Easements Act, 1882.

Rajendra K Goyal (Expert) 02 October 2013
Well advised by the Expert Advocate M.Bhadra ji, nothing more to add.
ajay sethi (Expert) 02 October 2013
agreement can be for morethan 11 months . it can be for a year por 3 years also . any how dont raise academic queries
R.K Nanda Online (Expert) 02 October 2013
agree with experts.


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