Paid Advise

Leave and licence

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

A person intentionally treated the lease document as leave and license. He is trying to evict the person in whose favour that lease deed is executed. What are the ingredients of lease and leave & license?

A licence is a power or authority to do some act which, without such authority, could not lawfully be done. In the context of immovable property, a licence is an authority to do any act which would otherwise be a trespass. It passes no interest, and does not amount to a demise, nor does it give the licensee an exclusive right to the use of the property.

The intention of the parties is the most important fact in the determination of nature of the right in respect of leave and licence. The Bombay High Court in the case of Sohanlal Naraindas v. Laxmidas Raghunath Gadit [(1966) 68 Bom LR 400] has held that the intention of the parties and exclusive possession were important elements to decide actual and real nature of the right in respect of the immovable property.

Exclusive right to use or enjoy the immovable property is the deciding factor whether there is lease or licence. In M.N. Clubwala v. Fida Hussain Saheb [(1964) 6 SCR 642, 653] the supreme court of India emphasised that if the exclusive possession to which a person was entitled under an agreement with a landlord was coupled with an interest in the property, the agreement would be construed not as a mere licence but as a lease.

As far as your case is concerned, according to the agreement you have exclusive right to use said premised on the fixed rent. When rent is fixed and interest of the property has transferred in order to say consideration or rent it shall be construed as lease instead of leave and licence. If permission to use land without exclusive possession was alone granted, a licence was the legal result.

Therefore, you have right over the property to use it for the stipulated period mentioned in the agreement. The landlord’s contention that you are a licensee shall not be sustained. You can claim compensation if the lease agreement is terminated before the completion of the stipulated period.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54