Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
A license is
outlined beneath Section 52 (Chapter VI) of the Indian Easement Act, 1882. The
definition of license reads as follows: “Where one person grants to a
different, or to an exact range of different persons, a right to try and do, or
still do, in or upon the stabile property of the granter, one thing which
might, within the absence of such right be unlawful, and such
right doesn't quantity to an easement or an interest within the property, the
proper is named a license”.
Under
Section 28 of the Registration Act, 1908, each document ought to be registered
beneath Section seventeen of the aforementioned Act, must be given for
registration within the workplace of Sub-Registrar at intervals whose
sub-district the entire or some portion of the property to that such document
relates is situate.
Under
Section 55 (1) of the geographical region Rent management Act, 1999, any
agreement for Lease and License or letting of any premises entered into between
the owner and also the tenant or the licensee because the case is also should
be in writing and may be registered under the Registration Act, 1908.
The
possession of a retail merchant isn't a juridical possession however solely
associate degree occupation with the permission of the licensor. Whereas the
particular occupation remains with the retail merchant, the management or
possession of the property is with the licensor through his retail merchant.
Difference
between Lease and Licence: The Deed of Lease, beneath lease or sub-lease
creates associate degree interest or transfer of an interest within the
property in favor of the tenant throughout {the period|the quantity} of lease;
whereas license is simply a permission to use or occupy or get pleasure from
the premises and to try and do bound things or acts that otherwise can amount
to trespass. so an agreement of lease and license beneath no circumstances is
charged with stamp tax beneath Article thirty six of Schedule I of the urban
center Stamp Act”.
The Licensor
(Owner of the flat) will file an application for eviction beneath Section
twenty four of the maharashtra Rent management Act, 1999 if the retail merchant
isn't able to vacate flat / premises once expiration of the Licence amount.
In one among
the court judgement Amit B. Dalal V/s Rajesh K. Doctor, the judicial writ
Petition was filed by Petitioner beneath Sec. twenty four of geographical
region Rent management Act 1999, the dispute was concerning flats given on
lease and licence agreement however the aforementioned agreement not registered
beneath registration Act. The competent authority directed petitioner to vacate
the flat then Petitioner most popular revision that conjointly rejected by Ld.
extra Commissioner, thus the judicial writ Petition filed in court the problem
was concerning impact of non registration of agreement of Lease and Licence. Lease
and Licence agreements don't need registration beneath Registration Act. Sec.
49 of registration Act, applicable only to documents u /s 17 of Registration
Act or under Transfer of Property Act. Unregistered document that need
registration u /s 55 of Registration Act is scan obvious provided same is
tested and same is otherwise admissible
obvious. WP discharged.
What will
Sec.24 of geographical region Rent management Act, 1999 says? : Section 24:
“Landlord entitled to recover possession of premises given on licence on
expiration....
(1) nevertheless something contained during this Act, a retail
merchant in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landholder on
expiration of the amount of licence; and on the failure of the retail merchant
to therefore deliver the possession of the commissioned premises, a landholder
shall be entitled to recover possession of such premises from a retail
merchant, on the expiry of the amount of licence, by creating an application to
the Competent Authority, and, the Competent Authority, on being happy that the
amount of licence has expired , shall pass an order for eviction of a licensee.
(2) Any
retail merchant who will not deliver possession of the premises to the
landholder on expiration of the amount of licence and continues to be in
possession of the commissioned premises until he is homeless by the Competent
Authority shall be liable to pay damages at double the rate of the licence fee
or charge of the premises mounted beneath the agreement of licence.
(3) The
Competent Authority shall not entertain any claim of no matter nature from the
other one who isn't a retail merchant consistent with the agreement of licence.
Explanation: For the needs of this section, (a) the expression “landlord”
embraces a successor-in-interest who becomes the owner of the premises as a
results of death of such landlord; however doesn't include a tenant or a
sub-tenant who has given premises on licence; (b) an agreement of licence in
writing shall be conclusive proof of the actual fact explicit therein”. The Rights of the owner / owner is
protected by the aforementioned judgment.
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