I have one plot obtained from G.I.D.C on lease for 99 years. Now I want to give on rental basis for 5 years to my friend.Is it ok to make leave& licence areement or to make lease agreement? What should I do?
Ashvin Khambhata
Ashvin Khambhata (advocate) 08 December 2008
I have one plot obtained from G.I.D.C on lease for 99 years. Now I want to give on rental basis for 5 years to my friend.Is it ok to make leave& licence areement or to make lease agreement? What should I do?
Ashvin Khambhata
K.C.Suresh (Advocate) 09 December 2008
Is it amounts to sub-lease. Whether your lease agreement gives you any authpority to sub-lease? If so you can do that. Other wise it is a good ground for eviction.
Ashvin Khambhata (advocate) 09 December 2008
Thank u very much Sir
AShvin Khambhata
Ajay kumar singh (Advocate) 09 December 2008
Leases are for rent.Licences are without rent/consideration.If you make an agreement for more than a year,it must be registered.
sanjeev murthy desai (Advocate) 20 December 2008
You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.
D.V.RamaKrishna (Advocate) 20 December 2008
As Mr Suresh rightly said that, you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.
If yes then you can certainly grant a sub-lease under registered document.
If no then you cannot give the property on sub-lease.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 21 December 2008
you should look out for any clause in the lease deed given to you authorising you to sub-lease the whole or any part of the property.
If yes then you can certainly grant a sub-lease under registered document.
And You should execute lease agreement for 5 years and it should be paid to the stamp duty and the registered the same from concern sub- registrar office.
If no then you cannot give the property on sub-lease.
For further querries u can contact me at:rakhibudhiraja@gmail.com
Mb.-09871158678/09711364956
P.Elamaran (Law Officer in a CPSU) 23 December 2008
Dear Mr Ashvin
Unless and untill, there is any specific clause in a Lease Deed for sub-lease, you can't do sub-leasing. Moreover, the lease deed and licence agreements are two different aspect of law and they can't be put together. According to Sec.17(1) of Registration Act, a lease for period exceeding 11 months can be entered into only by a registered instrument.