Registration of leave & licence agreement
H.S.ACHARYA
(Querist) 14 July 2013
This query is : Resolved
I understand Leave and Licence agreement can be registered within 4 months from the date of stamping. Can Co op society in Mumbai insist for registered agreement copy before the tenant occupies the apartment? From owners point of view is it safe to give pocession pending registration of the agreement?
Advocate M.Bhadra
(Expert) 14 July 2013
UNDER Section 55 (1) of the Maharashtra Rent Control Act, 1999, 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 should be in writing and should be registered under the Registration Act, 1908. Section 55 (2) imposes the responsibility of getting such agreement registered on the landlord.
It further provides that in the absence of a written registered agreement, contention of the tenant about the terms and conditions on which the premises have been given either on leave and license or even let out shall prevail. Under Section 55(1) it is clear that only the agreement of tenancy or leave and license executed between the landlord and tenant or the landlord and the licensee is required registration.
In Article 5 of Schedule I of the Bombay Rent Act, the Stamp Duty payable on such leave and license agreement is only Rs. 20/- and the registration charges will be the minimum registration charges payable under the provisions of the Indian Registration Act.
Dr J C Vashista
(Expert) 15 July 2013
You have give half of the case information to reply.
Please inform whether the agreement is for how much period and rate of rent to find out whether the case falls under the provisions of State Rent Control Act or Transfer of Property Act.
ajay sethi
(Expert) 15 July 2013
no it is not in interest of the owner to give his flat on leave and license without registration of the agreement .if tomorrow licensee fails to vacate the flat you will have a hard time ion evicting him in absence of regd agreement . further society will insist on copy of regd agreement
