Legal Question in Real Estate Law in India

Giving a flat on rent in Mumbai

I am an NRI in Gulf. I want to give my flat in Mumbai for 11 months under leave and licence agreement . The flat is mortgaged to State Bank of India as I took housing loan. Do I need NOC from bank Once the agreement is ready do I need to register it immediately? Do I need the following documents for this purpose

1. NOC from bank

2. NOC from builder/society

3. Police verfication of the tenant

4. Registration of agreement in the court

Is/are there other requirements in this regard.


Asked on 11/26/08, 1:42 pm

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Giving a flat on rent in Mumbai

NOC is not needed for leave and licence agreement.

Registration of Leava and License agreement is compulsary and its more safe and favourable for your property.

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Answered on 12/23/08, 3:02 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Giving a flat on rent in Mumbai

You may not need any document/N0C for leasing out the apt. However, permission/NOC of the Society will depend upon the bye-laws framed by the Society for which you may approach the concerned persons.

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Answered on 11/28/08, 11:10 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Giving a flat on rent in Mumbai

Generally, for Leave & License Agreement, NoC of Bank is not necessary. However, if Bank can put any special conditions in this behalf while giving loan. Check with your Bank.

Registration of Leave & License Agreement is compulsory and obligation of registration is on the owner.

NoC of builder is not necessary. However, NoC of society is necessary. You need to inform the Police with copy of the Agreement.

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Answered on 11/27/08, 12:29 am


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