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. 10% x Refund Caution x Number of Years of Contract – C 2.2 p.56 of the Act provides that a license cannot be transferred by a licensee or its representative unless the terms of the licence provide for it. A license cannot be granted by the licensee.
The registration of the contract, there is validity to act as proof of residence for the tenant. People residing in rental properties generally did not issue electricity bills, telephone bills or water bills on their behalf. As a result, it is difficult for them to provide proof of the local address. Since the notarial agreement does not have the legal weighting of the recorded documents, they are often rejected as evidence of local residence in places that are thorough and meticulous with their documents. The validity of the notarized agreement is questionable. Therefore, there is no guarantee that places that have accepted notarized agreements as proof of residence will not refuse or suspend their services due to insufficient documentation. 2.4 A common misunderstanding among many people is that a leave and a licence can only be for 11 months. The owners and tenants of Maharashtra have always been entangled in the horns of a dilemma when it comes to licensing and leave agreement. The Agreement is required to be registered in accordance with Section 55 (1) of the Maharashtra Rent Control Act 1999. In paragraph 55, paragraph 2, this responsibility is clearly delegated to the lessor.
In addition, Section 55 provides, in the absence of a registered written agreement, for the dispute between the tenant and the conditions under which the premises were either placed on leave and licensed or even leased.