Legal Question in Landlord & Tenant Law in India

I own a residential flat in Pune (Maharashtra) which I have given on rent.

We have signed Leave & license agreement (of 11 months) on Rs. 500 Non Judicial stamp paper and notorised it.

Is it required to be registered ?

If yes, what would be the consequences if not registered ?

What options do I have if the Licensee refuse to vacate the flat after expiry of this agreement (i.e. after 11 months) ?

If I will have to file the case / suit against Licensee,

a) what would be the chances of getting my flat back ?

b) tentative time period required for case judgement ?

c) approximate expenses (court fee, lawyer fees, etc.) will I have to bear ?

d) approximate expenses (court fee, lawyer fees, etc.) will the Licensee / defendant has to bear ?


Asked on 8/16/13, 2:16 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

16.08.2013

Dear Sir / Madam,

Stamp Duty of Rs. 1,200/- (Rupees One Thousand Two Hundred Only) is payable on an Agreement for Leave and License (ALL) of 11 months duration in Maharashtra. Registration of a Will less than or equal to one year's duration is optional. A Licensee is deemed to be a trespasser in the flat after the expiry of the ALL tenure.

Regards,

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Answered on 8/16/13, 9:34 am


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