My LLp has sighned and unregistered leave and license agreement with an MNC , the original is with us we have sent them a scan copy on email ,no stamp duty was paid and the leave and license agreement was not registered , The company transfers deposit after their due date and we promptly returned it , because the delay we have found another tenant , however now the the company has approached the other company saying you can’t take our premise on lease as we have an agreement they have also sent us a legal notice stating we need to come and register the leave and license agreement or else pay for damages Please advise how do I get out of this mess
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It is necessary to peruse terms of leave and licence agreement to advice
2) is there a clause in agreement that in event deposit is not paid on due date agreement woukd stabd cancelled
3) engage a lawyer and reply to legal notice
4) deny your liability to pay damages
5) take the plea that since deposit was not paid on time it was returned and question of registration of agreement does not arise
If the delay in making payment of deposit is one of the terms stated in agreement for terminating the license, then you can issue a termination notice and ask the company to vacate the premises
If they dont comply then you can file an eviction suit claiming unpaid arrears with interest plus damages for occupying the premises beyond the termination date
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
Sir even stamp duty not paid the agreement is valid, further for leave and license no registration is mandatory.
Further the terms of the agreement are required to be pursed, as is there any termination clause in same or not. As the transfer after due date amount to cancellation or not.
Issue a legal notice to company that in due date they have not deposited amount so you have agreed to lease premises to other tenant and there agreement stands cancelled.
This is my response to you:
1. Since it was unregistered document it is not binding;
2. The law of Transfer of property says that agreement of more than 11 months duration has to be registered;
3. So reply them through a lawyer;
4. They should drop their charges;
5. Consult a local lawyer and take steps.
Dear Client,
If the document is not sufficiently stamped, then there is a bar on ‘admitting’ such a document in evidence or acting upon it.
Unregistered agreement can performed through court but this LL agreement not even executed on stamp and hence, has no legal existence. No case made out agasint you.
Unregistered leave and license agreement is not valid in Maharashtra state, hence he cannot enforce the same even if he has issued legal notice.
However for a courtesy sake you should have formally communicated to them about your decision to cancel the proposed L&L agreement for the reasons you relied upon.
Dont be panicked, let him go ahead which can be challenged legally.
Dear Sir
They cannot force you and not entitled for damages
