There is a slight difference in the nature of the terms used for a holiday and licensing agreement, as opposed to a rental agreement. As noted above, a licensee can be translated in bulk into the lessor and a licensee to a tenant. The reason for using the term “licence” is therefore obvious, since the owner of the property receives a “licence to stay” for a predetermined period of time. If you look at the above points in the checklist, you are more than ready to create your own agreement. Once the licensee has accepted the amount of the deposit and the monthly rent to be paid, then leave us the rest! The information age in which we live has simply made the procedure of obtaining legal documents like a cake – to the extent that no manual signature is required! Click the button below and start writing your lease and license now! We wish you a pleasant moving experience! Landlords and tenants try to circumvent the rule to register their leave-license agreement, especially for costs incurred during the process. Landlords and tenants must share the payment of INR 1000 in urban areas and INR 500 in rural areas as registration fees. Parties are also expected to pay stamp duty. In accordance with Article 36A of the Bombay Stamp Act, 1958, the following formula for the calculation of stamp duty is as follows: For Maharashtra, however, the law has been strengthened and, in accordance with the provisions of Section 55 of the Maharashtra Rent Control Act, 1999, any lease or leave and licence agreement must be made in writing and the same must be registered in a mandatory manner, regardless of the length of the lease. A rental and licensing agreement is known to be comfortable for the landlord compared to the benefits it offers to the tenant. However, because they both have the right content of the clauses, they can turn on each other. We hope, with the help of the above knowledge, it will help each of you to design the right deal with less or no friction! Each state in India has its own unique scale to collect stamp taxes, and we have made the computer available to our users to allow them to calculate the stamp duty on holidays and the licensing agreement for the state of Maharashtra. Section 52 of The Indian Easements Act, 1882, defines vacation and licensing agreements.
This section states: “If a person grants another person or a number of other persons the right to do or continue to do something on or on the land of the funder who, in the absence of such a right, would be unlawful and such a right does not constitute relief or interest in the property, the right is qualified as a licence.” 3.2 The lessor is responsible for registering the leave and licensing contract in accordance with the registration law. 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. 5.1 Under the new Bye Acts, any member who wishes to take leave and a licence must apply and receive NOC. Nor would he have to pay any occupancy fees in accordance with the Commissioners` circular on this matter. In Maharashtra, holiday and licensing contracts must be stamped with a flat rate of 0.25 per cent of the total rent for this period. If a non-refundable bond is also paid to the lessor, stamp duty will be levied at the same rate on these non-refundable bonds. Under Section 17 of the Indian Registration Act, which applies to all of India, any real estate lease agreement must be registered from year to year or for a period of more than one year. Therefore, unless otherwise required by national law, any leave and licence contract must be registered for a period of 12 months or more.