• Leave and license for 36 months

is it advisable to rent out my property under a lease and license agreement for 36 months in kolkata. Will the new West bengal rent control/tenancy act cover leave and license agreements also.
Asked 3 years ago in Property Law from Kolkata, West Bengal
please contact a local lawyer familiar with the provisions of WB rent act
Ajay Sethi
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you can check from our panel of lawyers who are practicing in kolkata
Rajeev Bari
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No,the Leave and License agreement is not covered under West Bengal Premises Tenancy Act,however you can enter into a leave and license agreement under Indian Easement Act.

A Leave and Licence Agreement, as defined in Section 52 of the Indian Easements Act, 1882, gives the licensee the right to use and occupy the Licensed Premises for a limited duration. A Leave and Licence Agreement does not give tenants any ownership right of the property, nor does it provide the same non-eviction protections given in a Tenancy Agreement, rather the license to occupy can be terminated as per the terms of the agreement or otherwise and licensor can demand possession back from the licensee.
 
Leave and Licence Agreement of 11 months execute irrespective to Rent Control Act or Premises Tenancy Act which is under the provision Section 52 of the Indian Easements Act, 1882.
Minansu Bhadra
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Nothing left to add to what Mr.Bhadra has said.
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