Legal Question in Real Estate Law in India

Re: Leave & Licence agreement

A licensee is a licensee whether the license is for occupation of the premises or for casual visits or for any other purpose. The status of a licensee cannot change or vary according to the purpose of the license. The principle once a licensee always a licensee would apply to all kinds of licenses."

"A lease is not a mere contract but envisages and transfers an interest in the demised property creating a right in favour of the lessee in rem. A license only makes an action lawful which without it would be unlawful but does not transfer any interest in favour of the licensee in respect of he property.

"In the case of a license there is something less than a right to enjoy the property in the licensee,; it cannot be exercised by sevants and agents and is terminable while on the other hand, in the case of a lease, there is a transfer of a right to enjoy the property or in other words the lessee is entitled to enjoy the property. A bare licensee having no interest in the property but is only a personal privilege to the licensee. After the termination of the license, the licensor is entitled to deal with the property as he likes. The right he gets as an owner in possession of his property. He need not secure a degree of the Court to obtain this right. He is entitled to resist in defence of his property the attempts of a trespasser to come upon his property by exerting the necessary and reasonable force to expel a trespassed.

"If however, the licensor uses excessive force, he may make himself liable to be punished under a prosecution, but he will infringe no right of the licensee. No doubt a person in exclusive possession of the property is prima facie to be considered to be a tenant, nevertheless he would not be held to be so if the circumstances negative any intention to create a tenancy.

Re: Leave & Licence agreement

Licensee is not a trespasser after expiry of license as per laws of India.

Re: Leave & Licence agreement

Hello.

Good Afternoon.

As per the Indian Laws after the expiry of leave and license agreement, the Licensee is not a trespasser.

Re: Leave & Licence agreement

Yes, you are right. after the license is revoked, the licensee may become a trespasser.