If an interest in immovable  property, entitling the transferors to enjoyment is created, it is a lease; if the permission to use land without right to exclusive possession is alone granted a license is the legal result.

2)

To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form;

 (2) the real test is the intention of the parties - whether they intended to create a lease or a licence;

3)

under the document a party gets exclusive possession of the property, prima facie, he is considered to be a tenant; but circumstances may be established which negative the intention to create a lease.

4)in your case since you are giving premises for 18 years it is better you enter into registered lease deed 

5) don’t enter into business conducting agreement 

1. IF you are not going to be active /dormant part of the "Business" of Hotel & Hospitality services, THEN it is best to execute a "Lease Agreement" with strategic clauses relating to terms & conditions, of rescind /revoking agreement on expiry of lease agreement, alongwith an indemnity clause for damages & compensation for non-vacating property on expiry of lease agreement.

2. IF you are going to be active part of the "Business" of Hotel & Hospitality services, THEN you also become liable for all eventualities, statutory defaults & prosecution thereon etc....

Dear Concerned, 

You need to execute a registered lease agreement and the said lease agreement should have all the clauses of termination of lease and rental increase etc as you want it to. All the terms you want to safe guard your intrest from should be part of the agreement . 

It is wise to consult a local lawyer and prepare and execute a water tight agreement so that you or your legal heirs or legal representatives do not have issues in taking over the possession of the said property after 18 years. 

IT MUST be a registered agreement - pay proper stamp duty and registration of the agreement and keep your interest secured and protected. 

Regards 

Dear Sir,

It will be better to have the rent/lease agreement. The business conduction agreement is one sort of agreement permitting him to do said business at the location of property. I am sorry to say that for more accurate reply, some more information is needed. It is not clear as to building is ready or not. if the building is ready, then just go for a registered rent agreement with all the necessary clauses of intended use of property, vacation of property on lease expiry, only authorised business in property and many more. In this, you will be more safe. 

Hi 

The options available to you are 

1) Leave and License agreement.

2) Rental agreement and 

3) Lease agreement. 

Given that you have a vacant land and upon it the tenant is planning to construct a hotel on the said land, It is better to have a registered leave and license agreement.

Since you are the owner of the land and the tenant is going to construct a hotel building on the vacant land, you should be aware that your interest should be protected even after the period of 18 years so as to gain ownership of both the land and building at any point of time (during the subsistence of agreement period OR after 18 years)

The advantages of leave and license agreement  from an owner perspective are as follows:

a) In law, a leave and license agreement does not create any ownership

b) A licensee cannot give the premises on rent to a third party under any circumstances and 

c) A license agreement is easier to terminate than a rent agreement. License agreements are terminable, whereas lease agreements are generally not.

d) Since the duration of agreement is for 18 years, the stamp duty is the same for both lease and leave and license agreement. 

Hope this information is useful. 

A business conducting agreement woukd be better as it is specifically tailored to address the business. The agreement has to bw made from scratch and the terms and conditions have to be agreed upon by both the parties. The contents if the agreement are important not the nomenclature.

1. Both lease and rent agreement is same and nomenclature doesn't cause any change. 

2. Whether an agreement is to treated as lease agreement or rent agreement would depend on tenure of tenancy, rate of rent etc.

3. If you give a premises for a longer period at a stretch for commercial purposes and rent is relatively higher then the agreement would be a lease agreement which is to be compulsorily registered. 

4. Consult an advocate while drafting the agreement. 

Hello, 

You may go for lease agreement and get the same registered if you want to take a fixed amount of monthly money from the  said person. 

Get the same drafted from an advocate. 

Regards 

Lease deed.

Business agreemnt or joint venture when you have profit sharing.

If you are reserving the right to enter in the property any time than leave and license agreemnt.

18 years long time. It wont be easy to vacate the property after expiry of agreement. Better execute short agreement which can be extended from time to time by executing fresh agreement.

Agreemnt of more than 11 months, lease deed is must and registerd. For lesser period, rent agreemnt executes.

Separate agreement will execute that sole liability shall be of tenant for obtaining licences, permission etc require to open hotel and arrange all safety measures/guidelines.

1. See for this business transaction a registered lease agreement is required as the period is longer, a lease deed/agreement  has to be registered with the sub registrar office on payment of stamp duty and registration fee. 

See basically as such there is no difference it depends upon the clause and contents of the agreement though the lease agreement are longer and fixed duration agreement guided by the agreement while rent is monthly arrangement month wise and rent control acts and associated law also apply.

While you this Business conducting agreement is mutual understanding and agreement between two parties as per the clause in the agreement and terms agreed while in lease Transfer of property act also applies .

Hi

Look.... whatever have been verbally finalized between you and the tenant, get everything mentioned in the agreement,  get it registered,  and do get it renewed regularly in future. 

Rent terms, construction terms etc , get everything mentioned in the agreement. 

ONLY A REGISTERED AGREEMENT IS VALID 

Hello,

A lease agreement with detailed do's and dont's duly registered is sufficient, where the rights and duties will be clearly mentioned.

Regards

You can enter into any agreement but better get the agreement registered so that it is legally valid and enforceable in law.

It is advisable that you enter into a long term lease agreement.

What is business conducting agreement?

Don't create your own imaginary concept, this will not help you in any way because that will be construed that you are a business partner with him hence that may not come under rent control act.

You can enter into a 18 years lease agreement with a lock in period of 9 years and renewable once in three years after lock in period.

You may consult a local advocate and proceed as per the suggestions received based on the prevailing circumstances.

You can enter into registered leave and license for the same. It's safe and helpful to you. Business conducting is help ful for party of it's a part of that business in ang form but still you can execute that also. 

a lease or rental agreement gives greater right to the tenant than a leave and license agreement

i suggest you make a leave and license agreement for every 3 years made renewable at your option

- As per Supreme Court , business conducting agreement is not a lease agreement. 

- Leave and Licences are just like rental agreements whereby you can rent/sell/mortgage/lease a portion either in part or in full, whereas a business conducting agreement could be anything related to the business. 

- Further , Leave and licence allows the licencee to use the tenanted premises for a fixed period there is no financial liability , while in the business conducting agreement , the landlord is like an agent . It means that the landlord /agent/conductor is also responsible for the liabilities of business. 

- In business conducting agreement , if dispute arises between the parties , then matter will go before Arbitrator , wherein lease agreement , the matter will go directly before the rent controller i.e. court. 

- Since, you are landlord of the area, hence a rent/lease agreement is better option.

- As per the Registration Act, lease agreement registration is mandatory if the leasing period is 12 months or more.

Good luck and dont forget to rating Positively. 

1. Rent agreement (leave and license agreement)       can be done for the duration of upto 60 months and the duration of the lease agreement can be extended up to 99 years.

2. Subletting: Tenant in the rent agreement can't     sublet the property, lessee in the lease agreement   can sublet the premises.

1. Registered Lease deed should be executed.

2. Irrespective of whether you execute lease deed or rent agreement, if the tenant does not vacate the premises on your demand after the expiry of duration of the deed/agreement, you will have to file petition for eviction.

3. Get the required document drafted by a lawyer.