• Do I need to give a gap between registering LnL?

I have given my flat for licensed use for three years. It has been renewed every 11 months with a gap of one month. I just got to know that we should NOT give a gap and take compensation in cash.

Is it true? My LnL expires on 28th Feb
Asked 7 years ago in Property Law
Religion: Hindu

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15 Answers

1) it is not necessary to give a gap before renewing your leave and licence agreement

2) agreement should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You can give your premises on leave and license for 33months with a renewal clause

2) just get agreement drafted by lawyer to protect your interests

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

You should not keep licensee in your flat without valid agreement for period of one month

2) it is risky as licensee may refuse to vacate premises and refuse to sign fresh agreement

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) it is not necessary to give one month gap between 2 agreements

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

There is a practice prevalent in Bombay that Leave & Licence Agreement in respect of a residential premises is entered into and executed for a maximum period of 11 months. The question arise whether it can be for more than 11 months.

A licence has been defined in Section 62 of the Indian Easement Act, as a right to do or continue to do something in or upon an immovable property . It does not transfer the interest or create any interest in the immovable property , like a ? LEASE?, as defined in Section 105 of the Transfer of Property Act, as a right to enjoy property for a certain period in consideration of the price paid. Provisions of Section 62 of the Indian Easements Act do not prescribe , any minimum or maximum period for which a licence may be granted.

By virtue of Sub-Clause (V) of Section 17(2) of the Indian Registration Act, and Instrument or Deed, which by it does not create any right, title or interest in an immovable property does not require registration.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Do I have to be careful after 33 months to give my flat on Leave and License

Since leave and licence arrangement do not create any interest in the property, there can be no specified period for this agreement.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Can I give my flat on Leave and License for 5 years without gap of one month

When the concept of Leave and License has been recognised by the Bombay Rent Act by Section 13A2, which does not provide for any specified period of licence and an agreement of Leave & Licence, which does not create any right title and interest in an immovable property does not require registration under the Indian Registration Act, a Leave & Licence Agreement for more than 11 months is legally valid and can be entered into for a period for more than 11 months , and such an Agreement can simply be executed on a non-judicial stamp paper of Rs. 20/- as per Bombay.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

I understand that giving a gap of one month and taking the compensation in cash is risky. How can you explain a licensee staying in your flat without any agreement?

If any untoward thing happens and the licensee is staying within that "one month gap" period...how will you explain his presence without a valid documents?

The Bombay rent act recognized the need of giving the premises on Leave & Licence basis as a practical solution, to the tenancy problem and, consequently, made a specific provisions by way of Section 13A2 for giving the residential premises on licence basis, which also provided that in case of the failure of the licencee to deliver the possession of the licensed premises on the expiry of the period of licence , the licencee could be summarily evicted from the premises by the Competent Authority as per the provisions of Section 31D of the said Bombay Rent Act.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

In the "one month gap" period how does a landlord protect his rights...given that life is unpredictable

Without a rental agreement or L&L the landlord only has a protection in law and not the tenant.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Is the one month gap necessary at all...

It is just an apprehension of future problem which actually do not exist, hence it is not required.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Can I renew my LNL agreement, every 11 months, without a gap

Yes, you can proceed, there is no legal infirmity in it.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Can I make a LnL agreement for a continuous period of 3 years and then 2 years without a gap

Again Section 13A2 does not provide for any specific period of a licence and further clarifies that an Agreement of Licence in writing shall be conclusive evidence of fact of the licence. By virtue of Sub-Clause (V) of Section 17(2) of the Indian Registration Act, and Instrument or Deed, which by it does not create any right, title or interest in an immovable property does not require registration. As stated above, a licence has been defined in Section 62 of the Indian Easements Act as an act, which does not create or transfer any interest in an immovable property.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Why is a gap necessary?

Who told that is is necessary, it is just an imaginary fear, hence the people believe in such a gimmick

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Why is one month gap necessary

It is not necessary, the concept has been misinformed, hence you may ignore it.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Why is a one month gap given at all?

Who advised you to leave one month gap?

No law says that the L&L can be for a specified or limited period alone, hence you may not worry about the one month gap at all, you can renew it as and when the previous agreement expires and if you would like to renew the agreement subsequently also.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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