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I have constructed a residential complex, which I would like to let out.  My son suggests having leave and license agreement, instead of lease or rental agreement.  Please inform what difference between rental agreement and leave is and license agreement.

- by Premraj, Davangere

In case of lease or rental agreements, you would be transferring possession of the property by retaining the ownership.  The lessee or tenant will be in the possession of the property on payment of lease amount or rent.  The tenant acquires tenancy rights.

In case of leave and license, you retain both the ownership and the possession, but merely permitting somebody to use property for certain specific purposes on certain condition.  Here the possession continues to be with the owner of the property, unlike in the case of lease or rental agreement.

The licensee will not get any tenancy right.  What is most important is the intention of parties and not the documents.  The difference between lease/rent or leave and license is very thin.

Earlier, stamp duty payable on leave and license was less, but recently many states have revised at par with the lease agreement.  In Karnataka leave and license agreement attracts ad volerm.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- What is the difference between ‘Earnest Money’ and ‘Advance’ in Agreement to Sell?

Q:- What is meant by Defect Liability period in  a construction agreement?

Q:- I have taken some land on lease for 99 years and had con¬structed a multistoried building. The lease deed contains a clause. "Cannot assign, Underlet or sublet or part with the possession of the demised property without the previous permission of the lessor". The lease deed provided for construction of building, I have given portions of the building on leave and license to various busi¬nessmen. The lessor has issued a notice demanding subletting charges from me and has also marked the copies to licensees demanding to pay the subletting charges. What is the remedy? Can the lessor institute legal action against me and other licenses?

Q:- In connection with the purchase of a plot in a township on Mysore Road, I have paid major portion of the sale consideration to the developer. But the developer has not completed even half of the work and the progress work is unduly slow for various personal reasons of the builder. I have lost interest in the plot because of this. Please advise me how to get back my money with interest from the builder?

Q:- My wife and my children have thrown me out of the house because of some difference of opinion. I purchased a site and constructed a house there on out of my own funds and presently, they are enjoying this property. Can I Sell this house in occupation of my wife and children? Will they claim their share in the property?