While various courts have from time to time elaborated on the legal concept, the basis of the leave and licence agreement is found in the Indian Easements Act, 1882. “Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful and such right does not amount to an easement or an interest in the property, the right is called a license,” reads Section 52 of the Indian Easements Act. According to the Supreme Court (SC), if a document gives only a right to use the property in a particular way or under certain terms, while it remains in the possession and control of the owner thereof, it will be a license. Basically, no interest in the property is transferred to the tenant. “The legal possession, thereof, continues to be with the owner of the property but the licensee is permitted to make use of the premises for a particular purpose. But for this permission, his occupation would be unlawful. It does not create in his favour any estate or interest in the property,” the SC said.
WHEREAS the Licensor is absolutely seized and possessed of and or otherwise well and sufficiently entitled to all that constructed portion being unit described in Schedule hereunder written and are hereafter for the sake of brevity called or referred to as Licensed Premises and is/are desirous of giving the said premises on Leave and License basis under Section 24 of the Maharashtra Rent Control Act, 1999. AND WHEREAS the Licensee herein is in need of temporary premises for his use has/have 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 Months commencing from and ending on , on terms and subject to conditions hereafter appearing. AND WHEREAS the Licensor have agreed to allow the Licensee herein to use and occupy the said Licensed premises for his aforesaid purposes only, on Leave and License basis for above mentioned period, on terms and subject to conditions hereafter appearing;
A leave and licence agreement is a legal document that enables a landlord to allow a tenant to use their property for a specific period without any change in its ownership.
rathod Pong
1) Period: That the Licensor hereby grants to the Licensee herein a revocable leave and license, to occupy the Licensed Premises, described in Schedule hereunder written without creating any tenancy rights or any other rights, title and interest in favour of the Licensee for a period of Months commencing from and ending on 2) Rent & Deposit: That the Licensee shall pay to the Licensor Rs. Per month towards the compensation and Rs. Interest free refundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. Or That the Licensees shall pay to the Licensor the following amount per month towards the compensation for the use of the said licensed premises . a) Rs —————-per month for the first ——–months, b) Rs—————–per month for the next ——–months, c) Rs—————–per month for the next ——–months The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR · That the Licensees shall pay to the Licensor Rs————–per month towards the compensation and Rs————–interest free refundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License.
That the Licensees shall pay to the Licensor Rs————–per month towards the compensation and Rs————–interest free nonrefundable deposit, for the use of the said licensed premises. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. OR That the Licensees shall pay to the Licensor the following amount per month towards the compensation for the use of the said licensed premises . a) Rs —————-per month for the first ——–months, b) Rs—————–per month for the next ——–months, c) Rs—————–per month for the next ——–months. The amount of monthly compensation shall be payable within first five days of the concerned month of Leave and License. Licensees shall also pay to the Licensor Rs————–interest free refundable deposit, for the use of the said licensed premises.
