Leave and license problem
cheryldsouza
(Querist) 04 April 2013
This query is : Resolved
My father's sister (my aunty) gave on leave and license a flat in Mahim West as she herself wanted to stay with my other aunty (father's younger sister) in Bandra West. Now the leave and license of the Mahim west flat has expired since 15 days, the licensee is refusing to get out and wants to stay in the flat as this flat is convenient to his wife and the licensee also does not want to register a new leave and license agreement. What should my aunty do?
ajay sethi
(Expert) 04 April 2013
issue legal notice to licensee to vacate the premises . file suit for eviction against licensee . contact a local lawyer
prabhakar singh
(Expert) 04 April 2013
Is the expired leave and license agreement is registered one?
Anyway you need to file eviction case before competent authority against him for which you may certainly need to take help of a local lawyer dealing leave and license
cases.
Sec.24 of Maharashtra Rent Control Act, 1999 says:
Section 24: “Landlord entitled to recover possession of premises given on licence on expiry….
(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; 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 licence, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of licence 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 licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Autority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.
(3) The Competent Autority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence. 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 subtenant who has given premises on licence;
(b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.”
R.K Nanda
(Expert) 04 April 2013
no more to add.
Devajyoti Barman
(Expert) 04 April 2013
Filing suit for eviction is the only option left now.
V R SHROFF
(Expert) 04 April 2013
You have to follow due process of Law.
File eviction suit/ get court order
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 April 2013
However there is rider in Maharashtra rent control act in the form of section-55 that is-
55. Tenancy agreement to be compulsorily registered.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.
(2) The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail, unless proved otherwise.
(3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both.
And most landlords all over India and particularly in Mumbai just do not register any LL or tenancy agreement just to avoid legal costs.
Vidhi Joshi
(Expert) 04 April 2013
Legal Notice..later eviction suit to follow.
