Legal Question in Real Estate Law in India

The legal acts,

i have a commercial property which i would like let it out on leave & licence basis to a ltd company .i am a bit confused as i have come accross two or three different acts under which the property can be given which are as follows

1) under sec 52 of indian easement act

2) under sec 105 of transfer of property act

3) bombay rent control act 1999

which one of the above is applicable in my caseand easier and safer to deal with in case the company in question refuses after the period is over . it will be much appreciated if the answer is in complete detail rather than in short ,which will help a lot of people like me who are confused and misguided


Asked on 6/08/09, 8:41 am

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

Re: The legal acts,

Such agreements are governed State and Municipal laws. It may be better to contact a local lawyer for appropriate guidance.

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Answered on 6/09/09, 11:18 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: The legal acts,

Leave & License Agreements are essentially governed by the Easement Act r/w Maharashtra Rent Control Act, 1999.

In case of breach of agreement by Licensee in respect of commercial property, you need to approach the court for necessary reliefs.

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Answered on 6/09/09, 1:00 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: The legal acts,

normally , the LTd. company insist on the leased deed for a fixed period at their own terms and conditions , however i would advise you to contact your local advocate

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Answered on 6/08/09, 11:26 am


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