• Leave and License agreement for house

I currently live in Germany and I own a flat in Noida. My brother and father live in that flat. My brother wishes to apply for a passport, and the passport officer says he needs some form of rent agreement. I would like to conclude a leave and license agreement with my brother, but I am in Germany and he is in Noida. How can this be done in the covid situation where travel is restricted? Are there any online services?
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

Execute POA in favour of father to execute leave and licence agreement in favour of brother  

 

2) POA should be attested before Indian consulate 

Ajay Sethi
Advocate, Mumbai
99803 Answers
8147 Consultations

You need to execute the agreement in Germany and get it attested by hi commission or embassy. Later it needs to be registered in India. You also will need PoA for registration on your behalf in your absence

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Yes, It is possible you can give POA to your father and than your father will perform here Leave and License agreement. 

 

Get the POA done from Indian Embassy. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- You should execute a POA in favour of your father , and after getting authorisation from you, he can enter into a Leave and License agreement with your brother , to solve the said issue of passport. 

- Since,there is lock down , and GPA not possible to reach here , hence you should sent the dully signed &  notarized,or if possible attested by the consulate of India  POA via email to your father , and which is very much accepted by the Registrar as well , specially during the lock down . 

- Further, if attestation from consulate is not possible , then you should also mail your identity proof as well online to prove that you are having consent and living in Germany . 

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

Yes, you can execute a POA in your fathers name so that he can execute the same in your brothers name, 

Get it attested by the Indian embassy in Germany, there after your father can get the same registered in India. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

11 months Leave and license agreemnt can execute on 500rs stamp and notorised. You can send fax or scan authority letter on email to your father. He will execute on your behalf.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. 1. Well, siting in Germany also a rent agreement can be executed if you send a agreement by post which on receipt by your brother can be signed by him.

2. if postal service has not been normalized as yet then you can through email send a rent agreement which through email can be consented b your brother making a executed contract.

3. So do accordingly. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can send a power of attorney deed authorising your father to enter into a leave and licence or rental agreement with your brother and get the same notarised.

You cannot enter into the rental agreement on a stamp paper executed from a foreign country, it is not valid for a Indian stamp paper to be executed by anyone from a foreign country.

 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

Get an agreement drafted and get it signed digitally 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The lease agreement can be made. A procedure has to be followed. It cannot be stated here.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear querist, 

In such situation, a special power of attorney in the favour of your brother will serve the purpose and he can conclude the leave and license agreement on your behalf.

Nothing else will be required after this.

 

we provide services for executing Poa on your behalf getting everything done for you. in casw you need my assistance for the matter, you can contact me for consultation or on linkedin, 

https://in.linkedin.com/in/yuganshu-sharma-655091183

 

regards,

Yuganshu sharma

Advocate

Yuganshu Sharma
Advocate, Delhi
978 Answers
2 Consultations

1. Online Service for Rent Agreement is available, PROVIDED both the parties are available at the Agent's office frrom where he can register it online, with live photo, aadhar card finger print verification etc....   APART from this system, there is no other online system.

2. However you can give a Power of Attorney to Father, to appear on your behalf at the Agents office.

CONSIDER THIS:

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Why is the RPO even demanding a rent agreement when it is your house and your brother is residing in it? He can just mention it as his present residence.

2. Be that as it may, as a rent agreement of a duration up to 11 months does not require registration, you may get one drafted and send it to him under your signature.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You may send a power of attorney in favor of your father, your father may make an agreement of leave and license with your brother on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need not travel to India for the said issue.

You can issue Power of Attorney (POA) in the favor of your father to execute the L&L Agreement in favor of your brother on your behalf.

The said POA has to be got attested by Indian Consulate and send the same to India.

The above will serve the purpose.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

you can execute a PoA through the Indian Embassy. There are two ways of executing a POA from abroad Legalization and Apostalization.

Also, it is not necessary to always issue the power of attorney to a lawyer. You may also issue it to a friend or relative who can oversee things in your absence.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can send a Special Power of attorney in favour of your father to execute rent agreement on your behalf.

2. The SPOA should be attested from Indian consulate in Germany.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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