Legal Question in Landlord & Tenant Law in India

Leave and Licence Agreement

We are three brothers jointly owning a house.

Can we enter into a Leave and Licence Agreement so that one of the brothers can occupy the house under such an agreement

and we can still individually protect our legitimate

one third share


Asked on 4/08/08, 1:13 am

4 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

Re: Leave and Licence Agreement

No, its is not correct. Do not enter into such leave and licence agreement. It may create future legal consequences.

Even if your brother occupies the entire property, then also your 1/3 share will not be effected. In eye of law, possession of co-sharer is the possession of all other co-sharers.

So feel free. If you want to take precautions, then just enter into a family settlement or any such sort of understanding, and reduce it to writting, and get it registered.

Feel Free to Contact

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Answered on 4/10/08, 3:55 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Leave and Licence Agreement

In my opinion it is not necessary but if you want to safegaurd your possession you can well go for it

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Answered on 4/18/08, 11:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Leave and Licence Agreement

Why don't you make a family settlement deed

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Answered on 4/09/08, 11:59 am

Re: Leave and Licence Agreement

No,it is not possible.Go for family settlement.

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Answered on 4/08/08, 12:14 pm


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