LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anand das (service)     12 January 2010

stamp duty for rent agreement

I wanted to know stamp duty for Rent agreement in State of Maharashtra. I have gone through the Bombay stamp act , but did not find there anything. pls advice.

what is difference between Rent-lease and leave and license ?

 



Learning

 4 Replies

A V Vishal (Advocate)     12 January 2010

 

Inspite of the statutory provisions governing grant of a license the distinction between a Lease and a License is very fine resulting in spate of controversy and litigation therefore, the intention of the parties are the real test for ascertaining character of a document. Honble Supreme Court of India in Khalil Ahmed Bashir Ahmed v. Tufelhussain Samasbhai, AIR 1988 SC 185, their Lordships laid down the propositions as well established

(1) to ascertain whether document creates a license or lease, the substance of the document must be preferred to the form;
(2) the real test is the intention of the parties whether they intended to create a lease or a license;
(3) if the document creates an interest in the property, it is lease; but, if it only permits another to make use of the property of which the legal possession continues with the owner, it is a license; and
(4) if under the document a party gets exclusive possession of the property, prima facie he is considered to be a lessee,
The other difference between lease and license:
(1) A lease creates an n interest in the property while a license passes no interest in the property and merely makes an action lawful, which without it would have been unlawful.
(2) A lease gives the tenant a right to exclusive possession while a license confers no such right on the licensee.
(3) A lease is assignable, but a license is generally non-transferable.
(4) A lease unlike a license is not revocable.
(5) A lease is not determined by the grantor making an assignment or its subject-matter, but a license is determined in such a case.
(6) A lessee can bring an action for trespass, but a licensee cannot sue in his own name.
(7) A lease in some cases require registration but a license does not.
(8) A leasehold creates a heritable

(9) A license is determined by the death of the grantor, while a lease is not.

 

anand das (service)     14 January 2010

Dear Mr Vishal,

Thank you very much for your wonderful explaination between lease and license. It clears distiction between lease and 'Leave & License'.

However, my query is regarding-RENT.

1. Which article of Bombay Stamp Act mentions about duty payable on Rent?.

2.and especialy duty payable on rent for 11 months?

3.The duties payable on Lease and 'Leave & License ' are given therein. I could not find -for RENT.

4. Further, what is the diff between lease and Rent?

Please advice.

 

 

Suresh CSLLM (Service)     27 February 2010

Rent Agreement covered under "Leave and License" or 'Lease' depending upon the terms of agreement and intention of the parties.

If its very limited in nature and by rent agreement a person is having mere right to use the property, then it will be license and liable to stamp duty under bombay stamp act as such.

 

 

Suresh CSLLM (Service)     27 February 2010

Rent Agreement covered under "Leave and License" or 'Lease' depending upon the terms of agreement and intention of the parties.

If its very limited in nature and by rent agreement a person is having mere right to use the property, then it will be license and liable to stamp duty under bombay stamp act as such.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register