It is important to take into account the essential characteristics of the license such as under: A leave and a license differ from a lease or lease agreement. It is governed by the Indian Easement Act of 1882. Therefore, in the event of leave and lease, the owner leaves the place with different facilities and gives the licensee the same thing to use while the owner is on leave for a certain period of time. Once the holidays are over, the owner returns. The entire facility fleet must be left at the exit of the site. In this case, the agreement is limited in time and the licensee should therefore not make any major changes to the property. The use of premises for activities other than those originally planned or mentioned in the agreement is also discontinued. Unlike a tenancy agreement, the lease and licence agreement does not give the tenant the right to enjoy the property. This is a licence that the owner has granted to the licensee in order to use the property for a specified period of time, subject to certain conditions, without establishing an agreement between the landlord and the tenant. For the duration of the contract, the right of ownership is retained by the owner. By definition, it is a document that gives someone the right to do something in a property or to continue to do it. There is no transfer of real estate, but only the right to enjoy a short-term property, while the owner maintains full interest. A licence is a personal right that is granted to a person to do something on the funder`s land and does not represent interest in the property itself.
It is a permissive right and for the fellow personally. It does not create obligations and obligations to the persons who grant the grant and is therefore revocable, unless it is revocable in certain circumstances expressly provided for by the statute itself. The licence, if granted, has no other effect in giving the licensee the freedom to go to the country which would otherwise be legal. b) A licensee cannot rent the premises to third parties under any circumstances. On the other hand, a tenant can lease the premises to third parties, unless the tenancy agreement expressly provides for something else. 1. If the refusal to evacuate the premises after the expiry of the lease is the sole concern, it is reported that the tenants, at the end of the contract, do not discharge on leave and in license. The filing of deportation proceedings is the only recourse available in both cases. There are some important differences between a lease and a licensing agreement.
3) A rental statement must be stamped and registered. The amount payable for stamp duty of the lease deed is more than the amount of notices of lease to be paid for the leave and license. For a period of more than three years, stamp duty is the same for both agreements. Once you have prepared the contents of the deed, print it on buffer paper of a desired value. The licensee and the licensee must then place their signatures in the intended premises with the signatures of two (2) witnesses. Holiday and licensing benefits allow the donor to take more action if the taker is to be removed from the property, since these are normally registered for an 11-month period with the possibility of renewal of the contract after the expiry of the agreement. If the amount of rent and the licence fee you should pay are the same (as you mentioned in your question), it is best for you to enter into a lease agreement with the owner of the commercial complex. In some states like Maharashtra, you also get protection from the Maharashtra Rent Control Act, which is tenant-friendly legislation. And that`s how the Leave and License Agreement comes in. This agreement, often used to replace the good old lease, is now widely used in cities such as Bombay. Holidays and licensing agreement is a safer option for the owner, say experts.