Legal Question in Real Estate Law in India

Leave and License/Non-Occupancy Charges

I have given my flat on L & L basis. Now my query is that the non-occupancy charges paid to the society is to be 10% of the service charges if the leave and license document is executed. 10% is charged only if i do a proper stamp duty and registration of the said property for leave and license? or make a simple leave and license by paying around Rs.500 to any lawyer, because i have done a simple L&L and my society is charging me Rs.500 additional to the maintenance. Is the amount charged to me is fair? Kindly let me know when 10% of service charge is to be paid and when an amount fixed by committee is to paid.


Asked on 11/17/08, 7:02 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Leave and License/Non-Occupancy Charges

You may need to refer to the bye-laws of your society for proper information. If you need any guidance about interpretation of any clause (s) in the bye-laws, please reproduce the provision for our reference.

Read more
Answered on 11/17/08, 8:37 am
Nasir Butt Nasir Law Associates

Re: Leave and License/Non-Occupancy Charges

Keep in mind the in case of housing society, everything is, either, subject to law or bye-laws. If something is not understandable to you, refer it to Attorneys, they will interpret for your convenience.

Read more
Answered on 11/17/08, 11:54 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Leave and License/Non-Occupancy Charges

As far as society is concerned, registered or unregistered document will not make any difference. If the Flat is not used by the member and/or members of his family, then society and levy non-occupancy charges to the extent of 10% only.

However, under the provisions of the Maharashtra Rent Control Act, 1999, registration of Leave & License Agreement is compulsory. In the event of non-registration of such agreement, owner of premises can be prosecuted and punished.

Read more
Answered on 11/18/08, 3:01 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India