The question of whether a specific agreement on the occupancy of a property is a lease agreement or a withdrawal and licensing agreement has been the subject of numerous court decisions and it has been found that different contractual clauses are read as a whole to determine whether it grants vacation and licensing rights or whether it creates a lease agreement. Simply assigning the Title as Leave and License to your contract does not lead to it leaving and licensing agreement, unless the clauses in the agreement also respect the terms of withdrawal and license and do not grant any rental rights. 3.2 The lessor is responsible for registering the leave and licensing contract in accordance with the registration law. In the event of a conviction, any owner who violates these provisions is liable to a prison sentence of up to 3 months and/or a fine of up to 5,000 euros. A legal licence is an authorization granted by the competent authority to the exercise of a particular privilege which would otherwise be considered an illegal act. A legal license is different from an authorization because an authorization is a more temporary form of authorization. Permissions expire on a date or after the completion of the work. However, a license authorizes the licensee who may be a person or organization to engage in a specific activity. Failure to comply with certain laws and restrictions may lead to the suspension or revocation of the licence. and the licensing agreement against the lease. If you own several properties, it is very likely that you have allowed people to use your property in exchange for a certain amount, such a transaction is usually called renting your property or as giving your property on a holiday and license basis. The concepts of renting and/or vacationing and licensing are often used interchangeably and we hardly bother to know exactly what each term means. The withdrawal and licence agreement gives the purchaser only an easy fee.
No rights, title or interest are transferred to the licensee. Even ownership of the property is not handed over to the licensee. What is given to the licensee is only the license to use the premises for the agreed purposes. 2.3 A leave and a licence for a property differ from a rental agreement that creates an interest in the property that the license does not have. Over time, the Supreme Court and various high courts have established several tests for the determination of a license from a lease agreement, but none of them is conclusive. The best known is Associated Hotels of India Ltd. v. R.N.
Kapoor, AIR 1959 SC 1262 and the final decision on this is ICICI (1999) 5 SCC 708 (SC). 2.1 There is no legal definition of leave and licence. The first relevant law for leave and a licence was the Indian Easements Act of 1882. Page 52 of the Act, a licence defines a licence as a right that a person grants to another person to do something on or on the land of the installation company that would be illegal in the absence of such a right. In addition, a license should not be a relief or an interest in the property. A license is therefore only an authorization or a right to do something about a property. It is exclusively a personal right or privilege granted to the licensee by the licensee. A license does not give any interest to the property. With this article, we`ve brought together some of the important aspects that look at holidays. This can be done at any time without visiting the office of the sub-registrar ™. 2.2 P.56 of the Act provides that a licence cannot be delegated by a licensee or his agent, unless the terms of the licence provide for it. A license cannot be granted by the licensee.
The licensee is not authorized to modify the property and the licensee must, after the licence is expired or withdrawn by the licensee, forcibly remove the licensed property.