• Leave and License

Hi I am giving my own shop at Pune on Leave and License to my friend since last 10 years. We used to register 24 months agreement. Every time while renewing the agreement, I intentionally kept gap of one month after completion of earlier agreement date and although the party is same, I have taken care that licensee name will be different i.e. either his name, or his wife's name or his company name. 
Now after 10 years, I want my shop back as I want to start business there. So even after agreement term is over and in spite of my repeated requests, he is reluctant to vacate the shop. 
In such situation, what should be the options I have. Is it true that he can claim tenancy rights ?
Please note that, I have purchased this my ownership shop with registered agreement from reputed builder paying all stamp duties and other charges. And I am paying all municipal taxes etc. 
Please provide legal advice.
Asked 5 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Client,

Under leave and license agreement, the legal ownership and the possession of the property remain with the licensor. You can oust him by issuing notice and if licensee continues to occupy the property upon the cessation of the License or upon the prescribed notice period, they will be considered as unlawful occupants and action initiated against them for immediate eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Licencee cannot claim tenancy rights 

 

2) you have to issue licencee legal notice to vacate 

 

3) if he refuses file eviction suit 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

  1. You have to file a suit for eviction, if the licencee refuses to vacate. 
  2. No. In leave and license agreement, there is no tenancy or possession right conferred upon the licencee. The other party is just a licencee. 
  3. You must avail of my expert legal services to file and conduct the suit.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

No he cannot claim the tenancy rights you give him an notice of eviction if on notice he fails file suit of eviction.

The suit has to be filed against the party in favour of which the last agreement was made.

Sir he has no right you will receive your shop.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No. He does not accrue any right to your property. Issue him notice for vacating the property within a given tiime mentionting also that you will take possession after expirey of the given time and shall not be held responsible for any loss or damages to his belongings for which he shall be fully responsible.  Legally you can take possession of your property after expirey of the notice period or even before that as soon as the agreement cease to exist.

You can stop from further use by keeping it under lock and key. In case lock is broken or any forceble entry is attemted then complain to police.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. You shall have to file an eviction suit and under the present circumstances, it will not take much time to evict him legally.

 

2. Hope you have the title deed of the shop registered in your favour.

 

3. While filing the eviction suit, you should refer to the last L & L Agreement only and not the earlier agreements.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Have you registered the said agreement every time.  He can't claim tenancy rights.  You can file eviction suit and claim possession back.  You can approach competent authority under section 24 for eviction under Maharashtra rent control Act

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

If the tenant refuses to vacate after the expiry of the lease then you may move to court and obtain an order of eviction against him. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

He cannot claim any tenancy rights especially when the rental agreement has expired. Yo can first issue an eviction notice through your lawyer and then file an eviction suit against him.

You may discuss the proper steps to be taken in this regard with your advocate and proceed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. IRRESPECTIVE of any criteria, your Friend-Tenant, will NOT be able to claim any Tenancy rights, based on the various tenancy agreements that you duly executed.

2. IF the Tenancy period is over (as per last agreement), THEN you can simply restrain him from occupying your property,by giving him a Legal Notice to vacate within 7 days, failing which, you can forcefully taken possession of your property. This criteria has recently been upheld in a Court judgement.

3. The other remedy is to file eviction suit, against the tenant, which nowadays are decided quite early in favor of the Landlord.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You should start by sending a legal notice to him asking him to vacate the premises within 15 days of the receipt of the legal notice.

If he fails to do so, you will have to file suit for eviction against him on grounds of expiry of the leave and licence agreement or/ and any other valid grounds for eviction.

He does not has any tenancy rights as it was the leave and licence agreement.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Dear client 

As the leave and licence agreement is over and you want your shop you should give him a written notice to evict from the shop and handover the possession to you. 

And even after the notice he will not vacate the shop then you can file complaint to police for illegal possession of your property even after the agreement is over. 

No he cannot claim the property as it was on lease and licence agreement and the agreement term is over he will have to vacate the premises.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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