Legal Question in Landlord & Tenant Law in India

sir

my question is as Tenancy Agreements prevailed till the early 1990's. Thereafter Agreement for Leave & License (ALL) and Lease agreements came into effect,what is the term for the deed ..11 months or 33 months , and i have heard that the ALL comes under purview of police and not courts ,so how to evict my tenant after the term expires,does the eviction completes really fast as one has not to approach the courts ?


Asked on 8/22/12, 9:25 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.08.2012

Dear Sir / Madam,

If there is no renewal clause in the Agreement for Leave and License (ALL), the licensee is legally bound to hand over possession of the premises on your giving the prescribed notice to vacate the premises.

Police clearance of the Licensee is a must prior to entering into the ALL and the ALL specifically contains a clause stating Police intervention will be sought at the cost of the Licensee in case he / she refuses to vacate the premises at the end of the leave and license period.

The Licensee has no legal locus standi once the ALL period is over and he has no other option but to vacate the premises and there are court rulings in this regard.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 8/23/12, 5:45 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Even today tenancy agreements exists. Tenancy and Leave Licence are totally different. 11 months is the minimum period and 33 months is the maximum period on which the flat may be given on Leave & Licence basis.

The police has no authority without court's order to give a Licensor Vacant Position in case if he doesn't vacate the premises after the period mentioned in the Agreement of Leave Licence.

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Answered on 9/06/12, 10:49 pm


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