Saturday 30 January 2016

SELECTING A VENDOR


While selecting a merchant/promoter, you'd wish to show up into his insight. This may be finished by going by before comes done by the merchant or basically just on the off chance that he's an individual, enquires could be made with those that have had exchanges immediately individual or with individuals living near the property. Similarly you need to choose out a dependable property merchant to look out an adequate property.

Before money your benefit pads or any property, pick a wide brilliant manufacturer/designer/promoter. Try not to get berserk by taking part vivid leaflets.

Numerous manufacturers have relinquished their arrives in a to a great degree semi-completed state presenting the emptor to misfortune and mental distress. Account in a to a great degree level that is beneath development by obscure new manufacturers is hazardous. Check the accreditations of the developer before money your well deserved money. Check the data of the manufacturer for brief conveyance, development models, holding fast to the in understanding worth while not increment, giving conveniences, before booking a level. Affirm that there aren't any deviations from the occasion rules and moreover check the post deals administration. It's most all around got a kick out of the chance to require a prepared to-possess level. In doing consequently, the specialist danger of fund in a to a great degree property to be produced is likewise stayed away from.

Try not to be enticed by brilliant ads and intriguing offers, that specify that indistinguishable property is Bank endorsed or B.D.A. endorsed. Lawful conclusions from Bank or from the promoter mustn't be depended upon. It's constantly incite to get a right authoritative archive from prominent attorney before looking for a property. Further, claims of acquiring got B.D.A. N.O.C's or endorsement from B.D.A. on the other hand C.M.C., mustn't be taken as valid inside of the nonattendance of private check without anyone else's input or through a lawyer, from the included office. The property scene is, for example, the theory business; costs can either acknowledge or devalue, in spite of the fact that the recent is uncommon. 

So it is the refinement at interims the measure of increase in quality and subsequently the measure of your time taken to accomplish such thankfulness in worth, that is fundamental. Moderate and poor thankfulness in worth is style of up to devaluation while quick and substantial gratefulness can give endowments like the same venture can that too with none exertion on the a piece of the industrialist. 

A concentrated investigation of title, area, improvements as of now at interims the house, the normal advancement at interims the house, distinctive offices as of now set up and enveloping spots and a cautious examination of these elements before a deal can promise pleasant endowments to the industrialist and bigger peace and thriving to the emptor.

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Wednesday 27 January 2016

NECESSITY OF AGREEMENTS FOR PROPERTY TRANSACTION


The different methods of exchange of property are Sale, Mortgage, Lease, Exchange, Gift and so on., All these exchanges are liable to general standards of Transfer of Property and contract under the Indian Contract Act, 1872. This has been explicitly expressed in Sec4 of the exchange of property Act, which expresses that, "The Chapters and segments of this Act which identify with contracts should be taken as a feature of the Indian contract Act, 1872."

Presently so far as understanding and contract is concerned, it is all that much key to know,

1.What is substantial understanding?

2.When understanding gets to be contract?

3.What is the impact of understandings made not as indicated by the law?

The expression "understanding" has been characterized in Sec 2(C) of the Indian contract Act, 1872 as, "Each guarantee and each arrangement of guarantees, shaping the thought for one another, is an assention".


One individual is said to make a guarantee to the next, if his/her offer is acknowledged by the other individual. At the point when this guarantee is bolstered by thought, it turns into an agreement. Accordingly above all else prerequisite of understanding is, it more likely than not been bolstered by the thought. On the other hand, the thought is not a deciding component in specific cases as nitty gritty in Section 25 of Indian Contract Act

1.Gift to close and dear ones,

2.Something given for past administration

3.Acknowledgement of time banished obligation.

Prerequisite:

The second vital prerequisite of understanding, for a consent to be enforceable by law, it must satisfy the conditions set out in Sec – 10 of the Indian contract Act. 

They are:

1.Agreement must be made

2.Parties to be competent

3.with free Consent

4.Lawful Consideration

5.Lawful Object

Sec11 of the Indian Contract Act characterizes capable Parties as, those persons who have

1.Attained Majority

2.Are of sound personality, and

3.Are not precluded by any procurements of law.

The age of majority of any individual is 18 years under the Indian Majority Act. If there should arise an occurrence of a man is experiencing any mental illness amid specific interims of time, he or she can go into an understanding amid the time such individual is of sound personality. Presently the inquiry that emerges for thought is if individual is plastered or inebriated because of medications would he be able to go into an assention. In this sort of circumstance, if the inebriated individual is in position to comprehend and value the advantages and disadvantages of terms and states of the understanding, there is no bar for the plastered individual to go into an assention. In any case, if there should be an occurrence of any question, it must be built up as per the general inclination of the court that the individual experiencing mental malady, under inebriation was in a position to comprehend the terms, upsides and downsides of assention.
Another necessity for a man to go into an understanding is that, such individual ought not have been precluded by any law in power like bankruptcy Act.

Free Consent:

The gatherings to the assention ought to have consented to the terms with free Consent. Any agree is said to be free, when it is not given under.

1.Coercion,
2.Undue impact,
3.Fraud
4.Misrepresentation.

On the off chance that Consent is given under by any of above components then the understanding or contract gets to be voidable. The impact of voidable contract is the agreement gets to be enforceable just at the choice of the parties whose assent has been taken by compulsion or undue impact or extortion or distortion. Under voidable contract if any property is sold, the buyer gets a legitimate title so long the agreement is not crossed out on the ground that agreement is voidable.

Legitimate Object:

Realestate, the third and fourth key necessity of assention are:-

1.Lawful thought and

2.Lawful Object

On the off chance that the thought and question of agreement is not legal, then such understanding gets to be void, Contracts or unlawful contracts u/s 23 and 24 of the Indian Contract Act. On the off chance that any property is sold under void or unlawful contract, then buyer would not get substantial title to the property. Void contracts are not enforceable.

Outcomes of void, voidable or illicit contracts.

On the off chance that an agreement is announced as void, the transferee of property would not get legitimate title to the property, the position of gatherings is similar to as though they are not went into the agreement by any means. In this manner realestate of the agreement Act, the gatherings are at risk to give back the points of interest they have taken under void contract.

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Monday 25 January 2016

HOME BUYBACK BY LIC HOUSING FINANCE LIMITED


LIC Housing Finance Ltd., includes a plan involved "Griha Arjan" for Senior voters. The objective of the subject is to supply a supply of further monetary benefit to the inhabitant Senior voters, higher than sixty years, United Nations organization own self-obtained and self-possessed house property in India. The point of the credit is to supplement their wage for any disbursal, house repairs, to pay any current obligation, and so forth. The beneficiary is single or co-borrower together with his mate. The property ought to be free from encumbrance i.e. the beneficiary should be having a straightforward and attractive title in his name. The lingering lifetime of the property should be at least a quarter century.

The Reverse advance will be secured by way of enlisted home loan of the private property. The term underneath this topic is most fifteen years. The immediate charges will be 125th of the credit amount. The most credit amount might be limited to Rs.50lakhs. The base credit amount will1 be Rs1.0lakhs. The credit is benefited through regularly scheduled installments/installment installments/blend of each. The most advance equalization would be confined to 90th of the value of property at any reason for your time all through credit residency. Advance parity would accompany enthusiasm until development. The advance amount can endless supply of property, age of the beneficiary, rate of interest and so forth. Beginning valuation of the property would be done to work out the credit amount and resulting revaluations will be done at interims of5 years.

The Company might have the decision to change the occasional/singular amount every five years. On the off chance that the beneficiary doesn't make due with the reconsidered terms, no more installments will be built up by the corporate. 

Enthusiasm at the rate in understanding before the audit can even now accumulate on the exceptional amount of advance. The credit might get to be expected and collectable just the last surviving beneficiary kicks the bucket or picks to offer the house, or for good moves out of the house that is burdened. Just on the off chance that the beneficiary moves out of the living arrangement, he/she will be expected to tell LICHFL. The advance should be responsible for legitimate continuing inferable from predominance of the resulting occasions:

a) If the borrower(s) has/have not stayed inside of the property for a ceaseless measure of 1 year;

b) If the borrower(s) fail(s) to pay property assesses or keeps up and repairs the private property or fail(s) to finish what has been started guaranteed. The LICHFL saves the best possible to comprehend the number due by conveyance the property to deal and using the deal salary to fulfill the remarkable parity of central and hobby;

c) If the borrower(s) proclaims himself/herself bankrupt;.

d)If the private property sold is given or deserted by the borrower(s);

e)If the borrower(s) impacts changes inside of the private property that affect the security of the advance.

f) Attributable to wrongdoing of extortion or double dealing by the borrower( s);  
g) If the govt. underneath statutory procurements, secures the private property for open use;

h) If the govt. censures the private property;

i) If the borrowers don't make due with the reexamined terms on reassessment of the property and interest reset at the highest point of every five years of approval;

j) If there's any infringement of terms and states of REVERSE advance.

The settlement of the duty (advance alongside collected interest) would be either met by deal pay of the burdened private property or through reimbursement by beneficiary and his legitimate beneficiary. The borrower(s) or his/her/their lawful beneficiaries/bequest might be given the essential right to settle the credit close to aggregated hobby. The equalization surplus remaining when settlement of advance alongside aggregated enthusiasm, through deals salary would be gone on to the beneficiary or his legitimate beneficiaries. The borrowers will be expected to submit Annual Survival Certificates inside of the month of November once every year, which has statements identifying with legitimate status and changeless habitation of the borrowers. A posting of lawful beneficiaries will be gotten at the season of authorization of credit and particular bearings of advance and with respect to legacy of the property and installment of parity amount, if any, from out of the deal pay. The beneficiary can have the decision to reimburse the credit whenever all through advance residency. There'll be no defrayment punishment.

The house property will be protected by the beneficiary at his worth against chimney, seismic tremor and diverse catastrophes. The beneficiary should ensure that installment of the considerable number of duties, charges and so forth. LICHFL holds the best possible to pay premium, expenses, charges and so on by lessening the credit amount thereto degree. The beneficiary might keep up the property in condition.


After the archives are executed and advance managing concluded, the oldster might be up to fifteen days time to cross out the managing, for any reason what so-ever. On the off chance that the credit has been dispensed the entire advance amount can must be constrained to be paid by the oldster beneficiary at interims this period.

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Saturday 23 January 2016

LOSS OF PROPERTY DOCUMENTS


The records with respect to a property bury alia incorporate title deed, mother deed, encumbrance endorsement, khata, capital toll installment receipts, building mastermind and so on. This archive is likewise unique or is additionally concentrates or Photostat copies. A number of these records are inside of the way of confirming installments, approval, authorization, endorsement and so on extra as a rule than not, you'll be seeing promotions in news papers concerning the loss of property reports with a profitable supply to befittingly compensate the discoverer upon return of an equal.


a) The unique title deeds may need been unbroken inside of the work environment and got required with option archives. Amid this case, regardless of the way that the first title isn't lost, it's owing to the genuine certainty that the archives aren't traceable even once seek, the need to require more strides for defending his enthusiasm by the proprietor will emerge.

b)The unique title may need been lost, purloined or may need acquire wrong hands. In such cases, there's every danger of a deceptive creating so as to gather activity being settled utilization of the first title by the individual of such a report unless the genuine proprietor acts fleetly to shield his enthusiasm over the records

c) There are likewise a few cases whereby somebody has hampered his property by store of title deeds as security for the advance got by him. On an approved duplicate of the title, he could offer his property while not reclaiming the home loan. In such circumstances, the pure vendee won't get title over the property since the home loan holder fuses a first charge.

d)The property reports presented for enrollment inside of the Sub-Registrar's work environment square measure to be gathered inside a moderate time however not later than 2 years since the records stay uncollected inside of the Sub-Registrar's working environment may be removed once the breach of 2 years sum. just in the event that somebody who did not gather the property archive inside a measure of 2 years furthermore the previously stated record is removed, then the aforementioned individual at the principal will get a letter from the Sub-Registrar's working environment affirming the accommodation of the report for enlistment furthermore the same has been removed according to administers since it totally was not gathered from the work environment inside the stipulated sum.


To know the ramifications of the loss of property reports, it's higher to comprehend on what's implied by a deed and what the qualification between a deed and a record is. A deed may be a written work or instrument underneath that the right over a property is exchanged from the transferor to the transferee. It will be noticed that every one deeds square measure archives however all records aren't deeds. "Deed" consolidates a more extensive that implies. It is to be legitimately dead, marked and conveyed. Typically, it's enrolled. Illustrations of deed would accompany deal deed, settlement deed, trade deed, allotment deed, blessing deed, unleash deed, and so forth tests of reports beside deeds would accompany pictures, maps, building arrangements, compositions on fluctuated materials and substances, khata, encumbrance endorsement, expense paid receipt, unsigned records, testaments, and so forth.

Impact of loss of archives Loss of unique title deeds could bring about loads of intricacies, affect or block free dealings with the property exacting pleasant uneasiness, anxiety and misgiving for the person who has lost these records. Loss of title diminishes the quality of ownership title of the proprietor. The meaning vendee or the home loan holder could associate the validity with the title of the merchant or mortgagor. The unsettled inquiry is 'the reason do they think?' furthermore the response to the present is that the store of title deeds needn't bother with enlistment. By simple keeping the title deeds, somebody will deliver home loan of the property to benefit advance from banks furthermore the fiscal foundations. The measure of reclamation of home loan is thirty years.

Assume somebody buys a property for a significant deal thought disregarding that the vender doesn't have unique title and assume at some prior stage the property has been hampered by store of the title record by its proprietor, then regardless of the real actuality the vendee has bought the property for profitable thought he won't get legitimate ownership over the property on the other hand, the home loan holder fuses a first charge over the property however ownership is altered. In the greater part of the cases, crediting banks do decline to allow advance inside of the nonattendance of unique title furthermore the expecting vendee could pull out of the exchange inside of the nonappearance of the first title.

It is evident that in the vast majority of the cases people would get to be apprehensive once they lose their property records since they require a feeling that their title over the property is lost everlastingly with the loss of property archives and in this manner they presume that they need lost their entitlement to damage property starting now and into the foreseeable future. it's the loss of the first deeds like deal deed, blessing deed, will, deed and so on., that may have sway following by uprightness of those archives, the discoverer of the report could abuse a proportionate. Be that as it may, loss of report doesn't deny the proprietor of his ownership over the property, if vital precautionary measures are taken well in time. Loss of the first title needs basic activity.

Loss of records like encumbrance testament, Khata endorsement, duty paid receipt and so on., doesn't have genuine ramifications since its capability to frame up the loss of those archives by applying and acquiring authentications again from the included power.

Ventures to be taken In the majority of the cases, with a watchful opportune activity and planning, it's capability to shield intrigue and title inside of the absolute best way. A true exertion conjointly should be made to follow out the lost archive and to make the records. It will be noticed that if an enrolled record is lost, then an approved duplicate on an identical may well be gotten from the working environment of the included Sub-Registrar.

Typically, inside and out instances of loss of property reports, it's the first obligation of the proprietor of the property to pull out the loss of property records to the overall population furthermore the included powers quickly. The basic apply took after is to pull out the loss of the initially deed in 2 driving and wide coursed news papers, one in English dialect furthermore the option in vernacular dialect asking for the discoverer of such reports to convey back the aforementioned record which can be befittingly remunerated. Lodging a police grievance and getting affirmation from the police is likewise considered as confirmation for the loss of record.

To keep away from difficulties by prudence of loss of property reports, the proprietor of the property should act fleetly and make pertinent move to shield his right, title and ownership over the property.

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Friday 22 January 2016

REALTY TO SURVIVE IN FUTURE


The development rate of the nation's populace is prodigions. The Indian populace develops at an at regular intervals rate of more than ten for every penny, normally needs to locate a relating number of new homes well beyond the current number of habitations of the past ten-year period. Notwithstanding the above center need, no less than ten for every penny of the current number of houses require the requirement for reproduction or substitution, to face the changing tastes of youth who acquire the senior era's homes. These two elements are thought to be great to the development and sustenance of Realty Sector and constitute the backbone of Real Estate Business interest structure.

The second element makes next to no interest for extra space. It makes interest for development movement. Old structures are stretched out inside existing area range or crushed and constructed vertically with more space included through the method for improved FSI.

Clearly the need of the expanded populace for lodging units makes interest for new land for development. Be that as it may, the accessibility of area for new development has been contracting in the course of recent decades, which drives the Governments to upgrade the Floor Space Index for development in numerous major urban regions. To add to this unavoidable wonder, Governments both at State and Central levels have been insatiably eating up every accessible area under the guise of Economic Development and Industrialization.

In the affectionate yearning of creating economical business State Industrial Development Corporations and others of the kind have taken away immense tracts of area out of the business sector, for particular designation to Industries. Disregarding such steady measures, an unconscionably high number of mechanical units are today lying debilitated, with the area and different assets put resources into them getting to be inefficient. Furthermore, a high rate of the created mechanical plots are lying unsold with the enterprises. In the event that the endorsed cost of the plots for apportioning of these plots, one will be asking why these plots are staying unsold.

Indeed, even with a traditionalist estimation, it could be said that a large number of hectares of created modern plots in many States are lying unsold, in spite of the reality of incredibly low costs at which these are proposed to be sold.There is something that does not meet the stripped eye behind this strange marvel. There is a solid case for ban on further securing of area for industrialization until all the un moving plots are designated to meriting units.

At that point we are seeing there are the terrains procured for Special Economic Zones and Port Development. The uncommon financial zones have keep running into an aggregate disappointment. All over the place there are emitting disturbances against new land acquisitions. In total, every one of these components join together affecting in the lessening of area accessible for the development of new development on the lodging part. A few genuine steps should be taken to address worries of the subjects about area for their fundamental lodging needs, which stay one of the three essential prerequisites for any person.


The reasonable measures as specified above could well make a good circumstance of dialing down the issue of area accessibility for new development. The Policy creators while inspecting and figuring arrangement alternatives, ought to keep in their brains the hobbies of the little merchants and facilitators. Sufficient store area ought to be kept for the extending development of lodging units which needs to coordinate the expanding populace. This will prevent the future issues.

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Thursday 21 January 2016

SURVEY YOUR HOME LOAN OR BUY PROPERTY VERSUS RENTING IT



You ought to survey your home advance, or your choice to purchase a property versus leasing it. Here are two instruments which can offer you with your choice some assistance with making.

While there are a few rules and regulations around money related choices to watch out for, here are two realty opportunities that individuals ought to take a gander at.

1. Take some time to consider whether in this business sector you need to focus on purchasing a property, as rentals are ordinarily, at under 3% of the property estimation in many urban communities. Individuals moving to another city and knowing they will be there just for a couple of years, ought to lease. Ascertain whether you ought to purchase or lease a property on the premise of your pay and winning costs.

Then again, in the event that you can arrive a decent price tag and see yourself living in this property for the following 7-10 years, then 2015 may be an extraordinary year to purchase a home.. Be that as it may, be cautioned, it could take around 8-10 years as well, for this property to acknowledge genuinely, at the present property rates. Since purchasing a house is a passionate choice as much as a budgetary one, an one-size fits all arrangement doesn't exist. We prescribe that you attempt this Rent versus Buy Calculator to figure out what works for you.

2. Since the time that the RBI has ordered that pre-installment charges on home loan credits can't be required by banks, exchanging your home advance has turned into an alluring alternative. Thus renegotiating (exchanging your advance) could help you in three ways:

- Reduce your EMI outpourings in these inflationary times. This may very well be the help you required, particularly if your compensation trek is not exactly anticipated.

- Keep your EMI the same regardless of the fact that you get a lower financing cost. Along these lines, the lower rate deciphers into lower general interest installments and higher funds.

- You can likewise build the EMI yet for a shorter credit residency. This likewise prompts cash being spared over the long haul, if not quickly. Click this Refinance Tool to see which choice suits you best.

In the event that it's an under-development property you are considering, then check if the per square feet rate is sufficiently low for you, to have the capacity to retain a postponement under lock and key. As is regularly the case, developers delay conveyance of their undertakings. You have to represent this deferral, when judging whether the value you are getting is still justified, despite all the trouble, even with a 1-2 year postponement manufactured into your financial plan.

Since this choice is going to take a ton of cash out of your wallet, your essential industriousness is an absolute necessity. Search for developers with great road qualifications and whose (dependable) notoriety goes before them.


While the realty segment is overwhelmed with unsold stock around the nation, (and development firms routinely grumble about how sops are not being offered by the legislature to purchasers), the truth of the matter is that this division stacks a ton of edge, far beyond its genuine expenses. So keeping an eye out for yourself and not getting fleeced - either by banks or realty firms - ought to be your adage.

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Monday 18 January 2016

DRAFT DEVELOPMENT PLAN


At any gatherings, workshops, dialogs or at gatherings the main proclamation that is regularly made is "Bangalore is the quickest developing city in the nation, in Asia or in the World". Most likely it is time this is the quickest developing city, whether we ought to welcome it or we ought to revile ourselves for this ridiculous revolting spontaneous development is a point that stresses each one. So far every one of the arrangements, if any, have been completely ridiculed. No building byelaws have been taken after; no law representing the development has been regarded. However with businesses, multinational organizations coming in, individuals from all over the place have observed Bangalore to be their destination for procuring their vocation and therefore Bangalore is developing. There has been unscientific development all around, involving the accessible area whether farming or non agrarian. There have been vast scale infringements on Government grounds and the stage has come to when there is no hope to set right the things.

Presently Government has turn out with an extensive advancement arrangement for the Metropolitan City of Bangalore through French consultancy administrations. What are the directing standards, if any, in this activity including crores of rupees is not known? One thing seems to have been revealed is, it is an arrangement for the following ten years, i.e. till 2015. This supposed 'CDP 2015' has been shown by Bangalore Development Authority for Public survey at the city's childhood focus viz. Yavanika. Individuals are going by in 100's and 1000's. A typical man can scarcely make out anything. The greatest that a typical man does at the show is tries to figure out, following two or three hours looking, his place or his site. For what reason this inquiry is not known.

For a typical man it is impractical to think about a definitive motivation behind the CDP. What the fundamental thought behind the arrangement and why for a long time! Indeed, it is just for the organizers to clarify and persuade the basic man. What a typical man in Bangalore needs is – great streets, stick free activity development, very much composed and on experimental premise the city's open transport framework, open spaces and gardens, great school structures, commercial centers, satisfactory water supply, proficient seepage framework etc, and not only the arrangement for the following ten years of which one year is verging on over.

Different real base works are in advancement now. What is required is the works are finished speedily according to plan and not to talk or verbal confrontation on future arrangement. Bangaloreans know about the moderate pace of execution of the different framework works like the International Airport, Metro rail, a few flyovers and so forth.

What is required in the condition is that the powers concerned ought to intermittently give the status reports about the works in advancement about the plans officially arranged and are yet to be taken up. The deferral in culmination of the works influences the nationals and the business group. In the event that there is a deferral in finishing the flyovers and the streets associated with those flyovers the retailers, business foundations need to face loses separated from drawback.

For any development, arranging is vital however any such arrangement ought to be in light of a legitimate concern for the basic man and for the advantage of the residents. In the event that the arrangement is made keeping in perspective the quick need and executed in time and on calendar it would be more in light of a legitimate concern for a typical man.


The CDP 2015 accommodates vast scale industrialization, substantial scale populace inundation from all over, with no signs of ending the development. In the event that such arranging proceeds with we might all see the city of Bangalore with a span of 100 Kms, i.e. Tumkur, Mysore, Kolar all turning out to be a piece of Bangalore City. No contemplation is given while setting up the present 2015 arrangement about the advancements of different urban communities like Belgaum, Hubli-Dharwar, Mysore, Gulbarga and Mangalore. Alternate urban areas have been denied of their fundamental needs and their improvements. Bangalore implies the whole state or the state implies Bangalore that is the thing that a typical man feel.

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LEAVE AND LICENCE AGREEMENT



The landlords have to take all necessary precautions to protect their rights through appropriately worded contractual documents called Leave and license agreements.


Licence agreement is a document granting permission to use a land without a right to exclusive possession and such transactions are governed by section 52 of the Easement Act; however the Transfer of Property Act does not refer to leave and licence as a mode of Transfer of Property.

Section 52 of the Indian Easement Act, defines licence as where the grantor grants to another person or number of other persons, a right to do, or continue to do in the immovable property of the grantor, something which would, in the absence of such permission, be unlawful and such a right does not amount to an easement or an interest in the property, the right is called a licence.

A licence is notionally created where a person is granted the right to use the premises without being entitled to  exclusive possession of the premises or the circumstances and conduct of the parties show that all that was intended was that the grantee should be granted a personal privilege with no interest in the property. Thus, if the agreement is merely for the use of the property in a certain way and on certain terms, while the property remains in the owner’s possession and control, the agreement will operate as a licence agreement.

The person who grants the right to do something on his immovable property is called grantor or licensor and the person who gets the right is licensee. Licence is a personal right given to the licensee and therefore cannot be transferred by the licensee or exercised by his servants and agents Thus, the licence is the grant of permission to do something upon the immovable property, however it does not create any right in the immovable property in favour of the person, who does something. It is different from lease, which is a mode of Transfer of Property, where the lessee gets certain rights including the possession to do something that is occupying or residing. Even the possession is not exclusive, in leave and licence but deemed to the joint possession of both, the licensor or licensee. It is not an easement right and is in fact akin to residing in a lodge on payment of charge. The charges paid for occupation is called compensation.

Similarly, where the licensor transfers the immovable property to another person by way of sale, gift, etc., the transferee is not bound by the licence. This is not so in case of rented or leased property, where the transferee is bound by the terms of agreement made between the lessor and lessee.


Though there are definite legal provisions, which separate licence agreements from lease agreements or tenancy agreements, often it is confusing leading to litigation. Outwardly both lease and licence seem similar. In lease or renting, a property is given to some other person for definite period on payment of some specified amount, which may be lump sum, or periodical called lease amount or rent. Similarly in leave and licence also property is given to some other person for use on payment of compensation. The real determining factor is the creation of interest in the property. It has been held in many cases that the intention of the parties and their conduct are important to determine whether a particular case is licence or lease.


In another case, the court has laid down the following principles for determining the agreement as licence:

a. The agreement is signed by the licensee only.
b. The licences for carrying the business stand in the name of licensor.
c. Both the parties have control over the property,
d. Admission made by the licensee in subsequent correspondence indicating that the agreement is a mere licence

It has also been held that, if the licensee under the terms of licence constructs any structure of permanent nature and the construction made by the licensee with the knowledge and consent of the licensor; the licence cannot be revoked, likewise the licence cannot be revoked, when coupled with transfer of property and such transfer is in force.

a. The period of licence should not be more than 11 months; even if feasible no definite period should be mentioned.
b. There should not be provision to extend the agreement with mutual consent.
c. The licence should be liable for cancellation without assigning any reason.
d. The possession should not be exclusive.
e.There should not be any provision for termination of licence or re-entry, if mentioned it would amount to exclusive possession and transfer.
f. There should not be any clause about keeping property in good and tenantable repairs, which is an indication of tenancy.
g. Avoid mentioning clauses pertaining to the payment of taxes, rates by the licensee.

h.Avoid mentioning clauses pertaining to letting or subletting, since license does not confer such rights on the licensee.


Just incorporating the words licence, licensor and licensee in an agreement, does not make a document a leave and licence agreement, but the contents, intention of parties and their conduct determine the nature. Courts are inclined to treat the documents as that of lease, in case of any doubt as to whether a document is a leave and licence agreement.

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