Leave and license agreement: original documents to be kept by whom in absence of contract
sahil gupta
(Querist) 13 December 2012
This query is : Resolved
A Leave and License Agreement regarding giving a shop in a mall on Leave and License was executed and got registered. Now, there is a dispute that original documents to be kept by whom in absence of contract?
Licensee has communicated us (Licensor) that "virtue of ABC being the Lessee in this property, we have the first right by law to retain the original of such documents".
I am aware about following legal aspects regarding abovesaid proposition, please guide further:
1. There is a difference between "Lease" and "Leave and License agreement".
2. Is the licensee right about insisting on the law point that in eyes of law, lessee (Licensee) is entitled to original copy of registered agreement.
Kindly also suggest any other solution
ajay sethi
(Expert) 13 December 2012
no licensor will keep the original documents . licensee can have certified copy of leave and license agreement .
in the event licensee insistes on retaining originaldocuments licensor terminte the leave and license agreement after issue of notice as provided in agreement . .
sahil gupta
(Querist) 13 December 2012
Thanks again for your prompt response sir,
Is there any settled law on this point?
on what basis Licensor ("Lessee as per their email") is saying that "virtue of ABC being the Lessee in this property, we have the first right by law to retain the original of such documents".
ajay sethi
(Expert) 13 December 2012
the mistake you made was not incorporating such a clause in the contract . the convention is licensor retains original and such clause is generally found in the contract
sahil gupta
(Querist) 13 December 2012
I admit the mistake. but I need some strong argument to rebut the Brand's claim of original documents. Who is entitled to original documents by first right in eyes of law and why?
Raj Kumar Makkad
(Expert) 13 December 2012
Sahil! What wrong shall come if either of the parties retain the original license and its certified copy by another?
Shall it legally different?
