Registration of Leave-and-License Agreement

Last Updated at: Oct 05, 2020
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The leave and license agreement is signed between a landlord and a tenant. As a part of this agreement, the landlord grants the tenant to live in his/her premises for a set time. The entire process has now been simplified and can be done online.

Registration of Leave and License Agreement

Registration means a record of the agreement in the government database. In case of a dispute, only a registered agreement is admissible as evidence in court. Its authenticity is presumed unless proved otherwise, whereas a notarized agreement is inadmissible as it’s very easy for either party to claim the agreement’s a fake. Let us see on registration of leave and license agreement along with what is leave and license agreement in India in the blog.

This is not possible in the case of a registered agreement. Photos of the signatories are recorded on both the agreement and the government database. Registration protects both parties. Firstly, it creates a record of the deposit paid. If the owner does not refund the deposit it would be difficult for the licensee to recover the money without the registered agreement.

Similarly, the owner is protected by having the agreement registered as the licensee cannot exaggerate his rights. At the end of the term, if the licensee does not vacate the premises the owner can initiate legal proceedings and have the premises vacated. For the question, is leave and license agreement to be registered, the answer would be ‘Yes’. Leave and License Agreement is necessary to be registered under section 55(1) of Maharashtra Rent Control Act 1999. Section 55(2) places this responsibility clearly on the landlord.

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Procedure for Registration

The owner and licensee, along with two witnesses, must attend an appointment at the registrar’s or sub-registrar’s office. Photographs of all persons present and their signatures are recorded in the government database and attached to the agreement. The authorities examine that all the identity and address proofs are correct, and the affixed photographs make it easier to trace those that have signed. Also, the local police station is given a copy of the Leave and License. After the document is registered, stamp duty will also need to be paid. Duty varies from state to state and is usually much higher in metros than in other cities.

Hope you have understood what is leave and license agreement registration.