Registration of Leave and License at S.R.O

E-Legal-Associates

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Leave and License - Offline Registration

 

Shelter is one of the requirements of the human beings. For the purpose men build houses. They either occupy the same or provide accommodation to others by giving on rent .

In Maharashtra we see that in Metro and urban areas there is huge demand for rented houses.
The houses / flats  are given on leave and license basis.

The land lord and the licensee enter into an agreement which is executed on a stamp paper of Rs. 500/-. The agreement is then  notarized.
Both the licensor and licensee feel they are no safe. Is this position correct as per the Maharashtra Rent Control Act ?

 

Lets see what the The Section 55  Maharashtra Rent Control  Act says?

“Section 55 – Tenancy agreement to be compulsorily registered.”

(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensees, as the cases may be, after commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.

 

(2) The responsibility of getting such Agreement registered shall be on the landlord and in the absence of the written registered agreement, the contention of the tenant about the terms and conditions subject to which a premises have been given to him by the landlord on leave and license or have been let to him, shall prevail unless proved otherwise.

 

(3) Any landlord who contravention the provisions of this section shall, on conviction, be punished with imprisonment which may extend to three months or with fine not exceeding rupees five thousand or with both”.

 

As far as the tenancy was concerned, earlier in most of the cases there never used to be written Agreement. Only rent receipt for a month and three months deposit receipts were being issued. In most of the cases there used to be these two receipts and not written contract. However, in the case of Leave & License there has been always a written contract.

 

First and foremost under new Act Landlords or the Licensors have to execute Agreement in Writing incorporating terms agreed between them and its is required to be registered under the Registration Act, 1908 with the Sub-Registrar in whose jurisdiction the said property falls. There has been responsibility cast upon the landlord to get the said agreement registered.

 

The said Section also makes provision as to the effect of non-registration of such tenancy or Leave and License Agreement. The effect are tow fold.

 

Firstly under sub-section 3, the Landlord who fails to register the Agreement is liable to be imprisoned which may to three months or with fine not exceeding Rs. 5000/- or with both. There never was such a penal provision, in the earlier Act. This has been introduced and provided under the said new Act.

 

Secondly the effect of non-registration of such an Agreement is in favour of the tenant. In absence of such Registered Agreement, the contention of the tenant about the terms and conditions subject to which premises has been given by landlord on leave and license or let out by him will prevail unless the landlord is able to prove otherwise.

 

Therefore in case if there is no registered Agreement, then it is open to the tenant to contend whether the premises has been let to him or he is a Licensee. His contention will prevail unless the landlord proves otherwise. So the burden of proof of the terms and conditions of the grant of the premises shall be on the landlord.

 

 It would be sufficient for tenant to contend one way and Court will accept it unless the landlord provides otherwise. Looking from the provisions of the Act it will be always in the interest of the person who claims to be a tenant and not the Licenses. As a tenant he gets absolute protection under the Act and he had better rights than the Licensee.

 

 Therefore, even if the premises are granted on leave and license basis, if there is no written registered agreement, then licensee can contend to be a tenant and the burden of proof would like on the landlord to prove that such person is licensee and not a tenant.

We Provide Leave And License Drafting and Registration at any Sub Registrar Office in Pune as per Requirement.

 

Download Offline Leave & License Form

 

Requirements for Leave and License Registration at Sub Registrar Office:

1. Pan Card/Identity Card Xerox of Licensee/s and Licensor/s.

2. Light Bill/Index 2/ Tax Receipt Xerox copy of the Licensed Premises.

3. Passport Size Photographs of Licensee/s and Licensor/s.

 

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We provide services for the the Drafting and Registration of Leave and License Agreement in Pune & PCMC

Contact us at 📱 (+91) 9890669303

 

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