Things to keep in mind –

1)      Before you sign leave & licence agreement for a piece of land to erect a godown there on the land you must have taken into consideration some points as to the location and the commercial and economic aspects. The legal aspect is equally important and has to be given through to it.

2)     You should check the title papers to confirm that the licensor is the owner of the land and he has got every right to give the land on leave-licence basis.

3)     If the owner/licensor and the person who is to sign the agreement are two different persons then you have to see that the person who is to sign the agreement has with him the power of attorney to sign the agreement on behalf of the owner.

4)     Again you should go through the document of power of attorney to see whether the attorney has right to sign the agreement only or he is also to act as an agent for the owner/licensor and as such has right to collect/accept the licence fee from the licensor and to look into day-to-day problems that may arise.

5)     It is necessary to see that the land concerned is non-agricultural (N.A.). If it is not then your godwon may come into trouble. 

–Advocate Avinash Chafekar

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