An important legal formality when renting out your flat in state of maharashtra is the leave and license agreement. This suits the property owner just fine as it gives fewer rights to the tenant. The common thread running through rent control act and legislations is that they are intended to serve two purposes. Once the online rental agreement or leave and license agreement is done. The maharashtra rent control act what is rent control. Hi all, its a very interesting and important question. May 29, 2018 section 24 of the maharashtra rent control act of 1999 is very important as it states, after the expiration of the duration or cancellation if license fails to vacate the premises then licensor can approach the competent authority for the recovery of possession of the licensed premises and can also get the damages from the licensee. The practice of imposing a legal maximum rent ceiling upon the rent in a particular housing market, below the equilibrium rent is called rent control. The latest leave and license agreement said agreement was executed between the licensor smt. Different states have their own laws that govern lease agreements, such as delhi rent act 1995, the maharashtra rent act 1999 and tamil nadu buildings lease and rent control act 1960. And whereas the licensee herein is in need of temporary premises for his residential use hashave approached the licensor with a request to allow the licensee herein to use and occupy the said premises on leave and license basis for a period of 22 months commencing from. Sep 21, 2015 an important legal formality when renting out your flat in state of maharashtra is the leave and license agreement. However, for maharashtra, the law has been made more stringent and as per the provisions of section 55 of the maharashtra rent control act, 1999, every agreement of a tenancy or leave and license has to be in writing and the same also needs to be mandatorily registered, irrespective of the period of tenancy. Eviction order after expiry of leave and licence period.
A clause on escalation of license fee can be included in a leave and license agreement and it will not convert a license into a lease. Is it compulsory to register a leave and license agreement. Leave and license agreement is necessary to be registered under section 551 of maharashtra rent control act 1999. Section 24 of the maharashtra rent control act of 1999 is very important as it states, after the expiration of the duration or cancellation if license fails to vacate the premises then licensor can approach the competent authority for the recovery of possession of the licensed premises and can also get the damages from the licensee.
The responsibility of getting such agreement registered shall be on the landlord and in the absence of the written registered agreement. Tenancy agreement to be compulsorily registered maharashtra. If we can get mobiles, foods, cars and lingeries online than why not our documents. The maharashtra rent control act, 1999 leave license. Document nowhere mentioned any provision which can make it evaded from the provisions mentioned under w. Under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case should be in writing and should be registered under the registration act, 1908.
If default is committed by the licensee then as per the terms of the leave and license agreement you can take action against the said licensee. Section 55 of the maharashtra rent control act, 1999, mandates the registration of a tenancy or leave and license agreement. Leave and license agreement anulom online rent agreement. Now, the city police have created a new tab on their official website, in, only for tenancy verification.
Difference between lease and licence legal service india. Section 55 of the maharashtra rent control act, 1999, provides that any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this act, shall be in writing and shall be registered under the registration act, 1908. The website, founded in 20, has motto to bring all legal documents in a simple and convenient way. Further under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between. When renting out a property or taking one on rent, there is a host of legal formalities involved. If default is committed by the licensee then as per the terms of the leave and license agreement you. Maharashtra rent control act, 1999 as at present in force, section 24 of which reads as follows. To better understand the protection afforded to landlords by a leaveandlicence arrangement, lets take a closer look at the situation in maharashtra. Dec 22, 2015 the department has also enabled aadhaarbased eregistration of documents like leave and licence and first sale of flats. Jan 05, 2019 is it compulsory to register a leave and license agreement. Time limit for letting out premises under leave and. Section 3 exemption leave and license consultancy in pune. The licensor hereby grants leave and licence to the licensee to occupy and use the said premises for residential purpose of himself and of his family members for a limited period of eleven months and this agreement. The agreements have been duly registered under section 24 2 of the maharashtra rent control act 1999.
Under such circumstances it can be difficult for the landlord to evict the tenant. Under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the registration act, 1908. Tenure the rent agreement can be maximum for 5 years 60 months. Under section 55, all tenancy agreements, including leave and licence agreements, must be in writing and are. Those who contravene the law can be imprisoned up to three months or be fined rs 5,000. Aug 06, 2009 if your premises is situated in maharashtra, then you have to get the leave and license agreement registered as per section 55 of the maharashtra rent control act. View the format of a rental agreement, maharashtra, registered rental agreement, quick online rental agreement, pf affidavit, notary services, subregistrar, government. However, if the transaction falls under certain exemptions section 3 then this act will not govern it and one would have to look at the easementary act for understanidng parties rights. And whereas the licensee herein is in need of temporary premises for residential use hashave approached the licensor with a request to allow the licensee herein to use and occupy the said premises on leave and license basis for a period of 12 months commencing from.
Aug 17, 2011 under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the registration act, 1908. It was held that agreement of leave and licence in writing is conclusive proof of. Maharashtra rent control act, 1999 bare acts law library. High court held that section 24 of the maharashtra rent control act,1999 entitles the landlord to seek eviction of the licensee on expiry of the period. How to register rent agreement, pay stamp duty online in. Notwithstanding anything contained in this act, a licensee in possession or occupation of premises given to him on license for residence, shall deliver possession of such premises to the landlord on expiry. Section 55 of the maharashtra rent control act, 1999, provides that any agreement for leave and license or letting of any premises, entered. Under section 55 1 of the maharashtra rent control act, 1999, act no. This leave and license agreement was registered in the office of jt. Leave and license agreement registration process faq. This agreement essentially grants permission to reside within premises, for the duration defined in the agreement, without granting the licensee any stake or interest in the property. What is usually signed is a leave and license agreement. Voller executed a leave and licence agreement in respect of these.
Procedure to create a rental agreement in maharashtra. Notwithstanding anything contained in the maharashtra rent control act of 1999 or any other law for the time being in force, any agreement for leave and licence or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this act, shall be in writing and shall be registered under the registration act, 1908. What is the maximum period for leave and license agreement. As per the rent control act of maharashtra, 1999, a leave and license agreement between a licensor and a licensee must be in writing and must be registered under the registration act, 1908. In the case of delta international ltd v syam sundar ganeriwalla, a dispute arose between the parties as to whether the agreement between them was a lease or that of leave and licence. Landloard being the owner tenant being the license what shall be the maximum tenure of rent agreement. Brijendra tiwari on 05122011 for a period of 22 months commencing from 05122011 to 041020. According to the maharashtra rent control act, 1999, the responsibility of getting the agreements registered shall be on the landlord. Stamp duty and registration laws for rental property in. Yes it is compulsory to register a leave and license agreement as per the section 55 of the maharashtra rent control act, 1999. Registering rent agreement is simple now without any need to visit sro office. Nov 09, 2017 hi all, its a very interesting and important question. Leave and license agreement accommodation times p ltd. Time limit for letting out premises under leave and license basis.
Section 24 of the maharashtra rent control act, 1999 mah. Section 552 places this responsibility clearly on the landlord. Sep 23, 2011 under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the registration act, 1908. Under section 55 1 of the maharashtra rent control act, 1999, any agreement for leave and license or letting of any premises entered into between the landlord and the tenant or the licensee as the case should be in writing and should be registered under the registration act. There are some exceptions or property dealings that are not covered in this act and rental agreements to these properties are considered null and void. The maharashtra rent control act, 1999 came into force. The period should be less than 60 months, as a lease agreement has to be entered into for a longer period. The leave and license agreement if executed in maharahstra relating to a property in maharashtra would be governed by the maharashtra rent control act. Earlier the owner or tenant would require to visit local police stations.
Under a lease agreement, the tenant generally has exclusive possession with respect to. Renewal of leave and license agreement property law. Failing to adhere the same can result in imprisonment up to three months and a penalty amounting to rs. As per the provisions of section 55 of the maharashtra rent control act, 1999, every tenancy agreement, regardless of its tenure, must be in writing and should duly comply with the stamp duty and registration laws associated with the rental property. Sample leave and license agreement rental agreement at. This video gives a quick overview of the agreement and important terms and. Leave and license agreement most preferred 11month tenancy agreement. Rent control act practising valuers association india. Sample leave and license agreement rental agreement at your. If your premises is situated in maharashtra, then you have to get the leave and license agreement registered as per section 55 of the maharashtra rent control act. Leave and license agreement registration why should you do it. This means that in all of maharashtra and not just mumbai, this rule is applicable. If either party does not have pan or aadhaar card then parties can register their agreement by visiting registration office.
Also, honble bombay high court in the case of raj kondur vs. In maharashtra, the law governing rental agreements is the maharashtra rent control act, 1999. Have questions related to online leave and license registration then we have all answers for you. Section 55 of the maharashtra rent control act, 1999 mah. However, in a state like maharashtra if an automatic renewal clause is incorporated in the leave and license agreement which makes the leave and license agreement for a period of more than 5 years, then stamp. Landlord entitled to recover possession of premises given on licence on expiry.
Aarif khan, 20054 bomcr 383, held that an agreement of license in writing shall be. Online registration process online registration is convenient, time. For the purpose of this clause the expression bank means, i the state bank of india constituted under the state bank of india act, 1955. The department has also enabled aadhaarbased eregistration of documents like leaveandlicence and first sale of flats.