Leave and Licence Agreement India

Disclaimer: The formats for Leave & License and Tenancy Agreements are given only for getting some basic idea and to calculate the pages approximately. Actual document may vary finally and also as per the T & C selected by the parties.

Annexure 1 – Format for Leave and License Agreement

LEAVE AND LICENSE AGREEMENT

This  Agreement  made  at  -------  this-----  day  of  --------  between  ------------  reference  to  as

'licensor' of one part and  --------- (hereinafter referred to as 'licensee' ) of the other part ;

Whereas  the  licensor  is  seized  and  possessed  of  or  otherwise  entitled  to  the  premises  at

                                                                                 (Full   Address)   (referred   hereto   as   the 'licensed premises')

Whereas the licensor has requested the licensee to allow him to use and occupy the licensed premises as licensee and the licensor has agreed to allow the licensee to use the premises as bare licensee and to occupy the same without any right title interest or claim in the licensed premises or to any right or interest of the licensor in the licensed premises.

And whereas the licensor has sufficient interest right or title in the licensed premises and to permit and allow the licensee to use and occupy the licensed premises as bare licensee in his personal capacity for use by him of the licensed premises for residential purposes.

And whereas the licensee is desirous of and represent that, the use and occupation the licensed premises by him,  shall be in his personal right and shall be under a mere permission as licensee by the licensor and shall not amount to and shall claim any right and conditions hereinafter provided.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AND LICENSOR AND LICENSEE HERETO AS FOLLOWS :

This leave and license shall commence from the date of the Agreement and shall remain effective for a period           months/ years  from this date.

The licensor and licensee agree that the licensee shall use and occupy the premises under the permission of the licensor and shall not have or claim any tenancy or any other right title interest in the premises and shall always be construed as permissive user as license only.

The licensee shall deposit Rs. -------- and keep deposited the said amount as security deposit / money advance / money to be advanced for the due observance and performance of this Agreement with and to the licensor.

The  licensee  shall  pay  to  the  licensor  the  license  fee  of  Rs.                         (in  words rupees                              _)  per  month/per  year,  during  the  aforesaid  period  of  Leave  and  License Agreement.

The licensee during the subsistence of this present agreement shall pay all outgoing expenses, and charges including for repairs, electricity and water charges for electric and water consumption.

The licensee shall cease to use and occupy the licensed premises and hand over licensed premises without  demur  protest  or  objection  to  the  licensor  on  expiry  of  the  above  period  of                 month/years, from the date of executing this present Agreement for Leave and License.

The licensee hereby agree and covenants with and to the licensor that the licensee under no circumstances whatsoever transfer or assign in any manner whatsoever benefit of this present to any other person and accepts and acknowledges that licensor has allowed licensee to use and occupy the licensed premises only and in no manner has granted any right interest in the licensed premises or any right to transfer or heritable right in respect of the licensed premises.

The licensee shall use and occupy the licensed premises for purpose of ----                  only and in no manner cause nuisance, damage, disturbance, annoyance, inconvenience or interference to the occupiers of neighboring premises.

The licensee shall not use the licensed premises for any illegal or moral purpose or carry out any activity or do anything, which constitute breach of any law.

The licensee agrees and undertakes to the licensor to indemnify and to keep by the licensee of any obligations, covenants, and conditions thereof.

All notices, communications shall be addressed to        at the address and shall be sufficient to --

--------

IN WITNESS WHEREOF THE PARTIES HAVE SUBSCRIBED, SIGNED AND HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

Signatures, thumb impression & photo/s of the executing parties.

 Digital Photos                                Bio-metric

Thumb impression             Digital signature                                               Date

1.

Licensor/Owner

2.

Licensee/Tenant

3.

Confirming party if any.

Witness

Signed by the executing party/parties at Serial No./Nos.----------- above in presence of,

 Digital Photos                          Bio-metric

Thumb impression             Digital signature                                               Date

1.

Name& Address:-------------------------------------------------------------------------------------

2.

Name& Address:-------------------------------------------------------------------------------------

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Admission of Execution.

I/We admit the  execution of the aforesaid so called document of--------------------------------------------

Digital Photos                                    Bio-metric

Thumb impression                 Digital signature                                                   Date

1.

Licensor/Owner

2.

Licensee/Tenant

3.

Confirming party if any.

Identification

The persons above executing and admitting this document, are personally known to us.                                                                                                                               We, admit and accept that, they are the proper persons to whom they represent in the document.

 Digital Photos                          Bio-metric

Thumb impression             Digital signature                                               Date

1.

Name& Address:-------------------------------------------------------------------------------------

2.

Name& Address:---------------------------------------------------------------------

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CERTIFICATE OF THE REGISTERING AUTHORITY.

1.           Checked and found to be correct.

2.           Government payments are defaced and locked.

3.           Certified that, the Stamp duty of Rs.

) as per article

(in words -

of Schedule I appended to the Bombay Stamp

Act, 1958 is paid on this document as mentioned in the document.

4.           Received with thanks, The Registration Fees of Rs

( --------------------

) and other charges of Rs.

) as detailed in the document.

5.           Document Registered at Serial No.                                             on

Date:

( ----------

Name &  Digital signature of the e-Registrar

Annexure 2 – Specimen of Tenancy Agreement

SPECIMEN OF AGREEMENT BETWEEN LANDLORD AND                                   TENANT

This Agreement made at              this       

day of         

201    between,

OWNER OF THE PREMISES

(hereinafter referred to as ‘landlord’ and includes his heirs, legal representatives, assigns,

agents)

and

--------------- The Party of First Part

TENANT OF THE PREMISES

(hereinafter referred to as ‘tenant’ and includes his heirs, legal representatives, assigns,

agents)

------------ The Party of the Other Part.

Whereas, The Party of First Part is the owner of the premises situated at -------------

--------------------------(full address) and is in possession, occupation and enjoyment of

And whereas The Party of the other is desirous of acquiring the aforesaid premises for exclusive use, occupation and enjoyment as tenant.

And Whereas, the owner has agreed to give on lease and / or to let the said premises being flat no. ------ admeasuring -------- sq. ft./sq. mts. situated on --------- floor of ----------- building         having as its address ------------------------------------------ (hereinafter  referred  to  as  ‘the  said  premises’)  to  the  above  mentioned  tenant  for exclusive use, enjoyment and occupation of the same, with interest therein as tenant and for which purpose it is hereby agreed to let out the premises on the terms and conditions agreed between the parties and as mentioned hereinafter.

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS

:

1.     The landlord hereby agrees to let or give on lease the said premises to as tenant and that, the tenant agrees to take the premises as lessee for exclusive use, enjoyment and occupation and further that, the landlord parts with his interest in the premises only  to  the  extent  that  the  tenant  enjoys  occupies  and  uses  the  premises  for residential premises.

2.     That the tenant shall pay Rs.-----------(in words --------------------)     Per month/year as an by way or rent to the landlord in consideration for he is being tenant of the premises.

3.     That the tenant has paid Rs.  -------------(in words -----------)              As and by way of premium to the landlord for letting the premises to the tenant.

4.     That the tenant accepts and acknowledges the possession of the premises have been taken by him from the landlord and the landlord has authorized him to use, occupy and possessed the premises as tenant and has agreed to allow him continue as tenant against payment of the rent per month as agreed.

5.     That it is agreed and declared between the parties that the premises as let to the tenant by the landlord on the covenants/terms/conditions as mentioned hereinafter as also as can be implied under The Transfer of Property Act in particularly as follows.

6.     The landlord shall keep the house in proper repairs and keep the premises in proper conditions.

7.     The  tenant  shall  maintain  and  preserve  the  property  in  his  possession  in  good conditions and order and keep in fittings and fixtures in proper state and conditions including when necessary to repair and or replace the same.

8.     The  tenant  shall  pay  regularly  the  rent  as  also  the  taxes  including  increase  or addition therein as also all charges levied by the local authority / municipality to the extent of the premises in his use and possession to the landlord.

9.     The tenant shall not make any material alteration to the property not construct any permanent structure therein and / or change, remove or alter any wall, window, door or any part of the construction of the premises without prior permission in writing and sanction by the landlord and when permitted the tenant shall bear all costs and expenses and terms and conditions as may be imposed by the landlord.

10.   Any addition / alteration with and under permission of landlord as above shall be the property of the landlord and the tenant shall have no claim against the landlord or any compensation in respect of added or altered construction.

11.   The tenant shall keep all electrical materials, fittings, fixtures, wires at his own costs and in proper conditions for safe user and or as per rules per the electricity supplying authority, and any repairs carried shall be done through a authorized person, as also the previous permission of the electrical authority shall be carried out under previous written intimation to the landlord. The landlord shall be liable for any fault in any electrical fittings and connection for any consequences or cost.

12.   The tenant shall use the property for residential use only, and shall not transfer, sublet the premises or any part thereof not carry any trade or business or store any goods except for consumption for domestic purpose.

13.   The landlord shall be entitled to determine tenancy by notice in writing and to sue for recovery of possession  irrespective of  whether the breach  of condition  was waived or not.

14.   The landlord shall be entitled to determine tenancy, forfeit the right of the tenant to use or possessed the premises for breach of covenants, conditions, stipulations as set our herein or is adjudicated, insolvent or used the premises for carrying out criminal purposes and upon such forfeiture enter upon the premises and take possession.

15.   The tenant has taken possession after inspection of the premises and upon being satisfied about its conditions and has freely and voluntarily agreed to the terms of tenancy.

16.    Subject to the above, the rights and obligations of the parties shall be subject to the law relating to the landlord and tenant in force for the time being.

IN WITNESS WHEREOF THE PARTIES HAVE SUBSCRIBED, SIGNED AND HEREUNTO SET THEIR HANDS THE DAY AND YEAR FIRST HEREINABOVE WRITTEN.

Signatures, thumb impression & photo/s of the executing parties.

 Digital Photos                                Bio-metric

Thumb impression             Digital signature                                               Date

1.

Licensor/Owner

2.

Licensee/Tenant

3.

Confirming party if any.

Witness

Signed by the executing party/parties at Serial No./Nos.----------- above in presence of,

 Digital Photos                          Bio-metric

Thumb impression             Digital signature                                               Date

1.

Name& Address:-------------------------------------------------------------------------------------

2.

Name& Address:-------------------------------------------------------------------------------------

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Admission of Execution.

I/We admit the  execution of the aforesaid so called document of--------------------------------------------

Digital Photos                                    Bio-metric

Thumb impression                 Digital signature                                                   Date

1.

Licensor/Owner

2.

Licensee/Tenant

3.

Confirming party if any.

Identification

The persons above executing and admitting this document, are personally known to us.                                                                                                                               We, admit and accept that, they are the proper persons to whom they represent in the document.

 Digital Photos                          Bio-metric

Thumb impression             Digital signature                                               Date

1.

Name& Address:-------------------------------------------------------------------------------------

2.

Name& Address:-------------------------------------------------------------------------------------

Add on Button

CERTIFICATE OF THE REGISTERING AUTHORITY.

6.           Checked and found to be correct.

7.           Government payments are defaced and locked.

8.           Certified that, the Stamp duty of Rs.

) as per article

(in words -

of Schedule I appended to the Bombay Stamp

Act, 1958 is paid on this document as mentioned in the document.

9.           Received with thanks, The Registration Fees of Rs

( --------------------

) and other charges of Rs.

) as detailed in the document.

10.         Document Registered at Serial No.                                             on

Date:

( ----------

Name &  Digital signature of the e-Registrar

Annexure 3 –  List of Existing District Head Quarters and

Municipal Corporations in Maharashtra