‘A’ owns a certain piece of land and there’s a structure (a 3 storied building) built by ‘A’ on this land. Building is newly built and is empty. ‘A’ is approached by a multinational company ‘B’ to open it’s retail outlet in this premises (land with building).
1. Can ‘A’ give the premises by entering into a ‘Business Conducting Agreement” without getting into ‘Lease ‘ or ‘Leave and License agreement’ and also without ‘A’ himself participating in the business? Company ‘B’ will give money to use A’s premises as per ‘Business Conducting Agreement”.
2. Will this attract stamp duty as in the case of ‘Lease’ or ‘Leave & License’ agreements ?