Before signing a Leave & Licence agreement for a shop one should check the related documents –

a) As to whether the premises have been allowed for commercial use because change of user is not allowed by the law, unless it is permitted by the authority concerned.

b) As to whether the title of the premises is clear.

c) As to whether the person who is going to sign the agreement and one who is the owner (the title holder or the licensor) are one and the same.

d) If they are different, one should see whether the signing person has got power of attorney to sign the agreement.

Also see: Online registration of leave and license agreement

e) If attorney is going to sign the one has to see whether he has got right to sign the agreement only or he will be acting as the agent for the owner/licensor and as such has been authorised to accept/collect the licence fee also.

–Advocate Avinash Chafekar

15 Comments

  1. Law and system are two major factor to govern the country .Laws creates fear in the mind of the people that if he violates the law he could be punished .Then in case of Leave and license agreement the govt authority are delaying the procedure for giving justice to the concern person .when a owner not registering could be fined and at times could be prosecuted and each and everywhere the owner has to follow the rules .nor the license or the govt authority .Then why should they be penalized or prosecuted for not following the rules and what the act says as such that after expiry the ‘LL is null and void then how can he owner being booked for theft if he gets to regain the possession after expiry..when according to law it is right to regain the possession

  2. Leave and license act was enacted to safeguard the rights of the owner so that he could not face the judicial System for year for his property. Any flaw in agreement the owner has to face the problem but when the agreement is signed under L L act then in that case the judgement should be under this act though there may be mistake in the agreement because it is the fault of the lawyer and not the owner who believe his profession and trust him and so to avoid further dispute then let the registrar office should start each and every document under the guidance of govt authority to draft the document so in that case there won’t be any further dispute because they know the act .Then why waist time .of the licensor than license and the judiciary .

  3. In India to be landlord is a big crime because all the laws are favourable to tenant whether new or old or even Leave and license because the act says something and the governing councils are delaying the judgement because of piling of cases they are least bothered because they don’t have to face any problem or loose anything in any terms .The license is enjoying place like a owner and the only looser is the owner who have to face the problem for no reason or fault of his as the license don’t face any prosecution expect double the amount of license fees in India it is good to be a tenant or a license rather than a landlord

  4. Leave and license act creating differnt criteria for eviction is something playing with law and emotion and trust of the owner because anyone who gives his place on ‘LL whether commercial or residence believes the act and not the old process of harassment to the owner who has to run after the court for justice what act says be applicable to both and same time for justice to deliver because anybody giving his shop is not a joke he has given the place on trust faith system and law of the act

  5. Leave and license act is an act applicable to all types of property then why discriminate separately for commercial and residential and if the agreement is registered thencshos fault the lawyer or the registrar office .if not accepted by the act then they should not registrar at first point and if they are accepting it it means it is lawful and not illegal because it is an govt agency whoevcan they promote and register the place it us the duty of the lawyer to point out the mistakes and flawless in the agreement make the case weak

  6. Setting different criteria for residence and commercial place in Leave and license agreement is like playing with the sentiments emotion trust faith of the owner .An act is act and law is an law applicable to all kind of place discriminating between it is the fault of the system and in that case the registrar office should not accept it and clearly it is the duty of the govt to let people know If s and buts of the act because people believe the act and give their place commercial place is not a roadside shanty it is place in building and first and foremost if so then the lawyer and the registrar office who are registering it are punishable and so do the lawyer because misguiding by lawyer is also crime

  7. A place to give on rent under the leave and license agreement but then again discriminating it on commercial or residential basis is not a good sign of any act rather then residential commercial are more useful in terms of value .Don’t understand the basic of law a place is a place which ever it may be .If these things happens in case of property in the books of law then people have registerd lags of place on ‘LL basis .If this the criteria then first the lawyers and the govt office are guilty for giving wrong information to their client if you clearly say to your client if s and buts if this kind then nobody would give their place of his act .Firstly the registrar office should not register this kind of agreement if so.Any place is of vital importance to anyone .because the prooertyvis property not a roadside shanty.

  8. In leave and license agreement each and every onus is on the owner firstly registration if not done then penalty or prosecution.then again beforevexpiry a reminder notice to the license and even after that if the license does not give possession then again go the Court of law it means each and every headache is to the owner then what a license is doing it means each and everything the owner has to do just for rent some many tension giving a place on Leave and license is also an crime because free expiry theckicense not giving place the owner has to abide by the law of going to court but what about the license not obeying the law and act he is let free to enjoy the place .No fear and panic of law and even after that the owner trying to regain the possession could be booked for theft and robbery it means a landlord becomes a criminal just to regain the place after expiry .the act says that after expiry term the agreement is null and void then on what grounds thus the owner can be booked and how it means laws are always for owner

  9. Leave and license act was enacted to safeguard the interest of the owner who were not giving their place on rent because of many hurdles and headache harassment and all the laws favouring the tenant but again the misuse of law by the tenant or license and the system not responding on time.and each and every onus is on the owner no botheration to the license again misuse of law by the tenant but the owner has to abide by the law the tenant is free at will to enjoy the place because on L L agreement the deposit is very less compared to the price of place so that tenant is using the place at nominal rent and negilable deposit. It is the duty of the system to create fear and panic in the mind of tenant to give possession after expiry .and license fee on time everyone the humanity is towards the tenant only then what about the owner is he not a human being and at last must be cursing the day he gave his place on rent. On L L also .The owner in India is treated like an animal who could be make to run anywhere and everywhere for no fault of his expect the status of land Lord

  10. Majority of the case in Leave and license agreement is the license not handing over the place after expiry. It is the duty of the govt or system to give fair justice to the licensor .Mistakes and flaw and notorize are the reasonf for it but what about registerd document why does it takes time and if registerd it us the duty of the system to verify and give justice in one hearing and further no appeal anywhere and quick eviction no time and with the help of police.

  11. After reading many cases in your website and seeing the harassment policy of the system towards the Leave and license agreement it is my view and opinion of a reputed lawyer somewhere in the website that in India even Leave and license agreement is misused and that if no need of money never ever give your place On this act also because ultimate looser is the owner because no body cares for the law and follow but only owner has to abide by the law and the rest are enjoying and making a mockery of the law because no fear and no prosecution on the license and the system.

  12. Everywhere the laws should be followed laws are for all to abide and in property related cases or in Leave and license agreement each and everywhere the laws are applicable to the owner and the tenant i.e. license is God in Indian law because always the owner is wrong and the tenant right .because the law doesn’t recognise the fault and mistakes of the tenant in Indian laws mostly the owner is always at loss in any terms of the law when the act itself says that after expiry the agreement is null and void then how could the owner be booked for theft for his own property to regain what a mockery of law..but even after that he has to abide by the law and the tenant us enjoying the place at penny prices and penny deposit and again go the Court of law people in today’s world don’t like to go the Court or police station the owner is at the mercy of the law and license to get his place back a owner becomes a beggar in all terms legally or illegally the license is not giving the place intentionally and after expiry he is an unlawful tenant then why the onus is always n the owner to follow the rules and not the license because no fear of law and no prosecution at any stage because in any case fear of law would have not encourage the license to overstate and piling of cases in the book of law

  13. First and foremost when make new law then it is better to that they are implemented in systematic way .rather than harassing the owner it is better to see that the tenant is license obey and respect the law every time the onus should no go on owner the owner giving his place on trust faith and most importantly on the act and law then what is the reason for the license not giving place on time .It means the owner has only one option go the Court again for no fault of his but to regain his precious place given on rent believing the system there is fear for the license .pay the penalty and enjoys others crises of property lika a owner because the system is not be able to create fear and no prosecution just give one prosecution and see result no one will dare to break the law and no case will ever come to the Court and the owner will have the guts and daring to give his place on LL basis

  14. Leave and license agreement registerd and the clause and terms mentioned in it relevant or not for e.g. if after expiry the license becomes a tresspasser and the licensor has the right to prevent and to remove his belongings from the premises and keep it in a go down .accordingly how the licensor can act without recourse of Court..because nobody wants to go the Court. How can the licensor to regain the possession without any hurdles .

  15. I am owner of commercial property to pvt ltd co. whose paid up capital is over one crore of rupees. They do not wish to write it in agreement about this. Will it be in my interest? Will it protect my right if he donot paotect or rent act protection? Please advise. Regards.
    From Jayantilal.
    email: jayanti1947@yahoo.co.in

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