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rahul saxena (advocate)     24 February 2012

Registration of leave and license agreement mandatory or not

Dear Members,

kinldy let me know whether registration of Leave & License Agreement is mandatory in Delhi or not under which provisions.?

Regards

Rahul Saxena



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 February 2012

Under the Indian REgn., act it is mandatory.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 February 2012

Dear Querist,

Any document which creates any right/title/interest in immoveable property valuing above 100 requires registration. (S.18 Indian Registration Act) Leave and License though does not create any exclusive title - does create a right to use (License is right to do something on somebody's else property which would have been illegal but for the license S.52 Indian Easments Act). This right is an interest created for the specific period. Hence requires registration. In absence of registration such document would not create any rights/interest nor would be received in evidence. (S.49 Indian Registration Act) 

Hope this satisfies your query

rahul saxena (advocate)     25 February 2012

Dear Bharat,

thanks for your valuable supprt but here one doubt is still unanswered that u/s 18 of Indian registration Act, documents dirfined are optional and not mandatory. if we go by s. 18 then LL agreement would not required a mandatry registration and will depend on wish of licensor and licensee.

some body told me it also defined in delhi stamp act; gone throght the same but could not find anything.

 

regards

Rahl Saxena

rahul saxena (advocate)     25 February 2012

Dear Rajeev, kinldy help in undestanding with relevant section.

regards

Rahl Saxena

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 February 2012

It is gray area but once the period is more that one year , registration is essential.


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