Legal Question in Real Estate Law in India

real estate and property

thanks to mr shrichand for answering my previous question it will be much appreciated if the answers are in the same manner i.e point to point basis

1) i have been reading all the time that it is practically safe after one registers the leave & license deed , so are my rights/intrest i mean my title in the premises protected . though the litigation may take time or is it that the courts may favour the tenant with the possession of the premises

2) if iam not reimbused the enhanced amount which is mentioned in the deed ,that after the notice period the tenant is under obligation to pay the enhanced rent , then why on earth these clauses are mentioned by the advocates when they prepare the deeds , is it just to satisfy the landlord or just that all those clauses are mentioned to increase the no of papers of those deeds .all i mean is when the stamp of approval is put by both the parties on the deeds ,then dosent it become liable on the tenants who are literate enough to understand the deeds to compile with them


Asked on 6/05/09, 3:27 am

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

Re: real estate and property

Already answered.

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Answered on 6/05/09, 9:08 am
Shrichand Nahar S.V.Nahar, Advocate

Re: real estate and property

1. In Maharashtra, registration of leave and license agreement was made compulsory since 2000 and obligation is kept on the owners.

2. Effect of a clause depends on several factors. Particularly in view of provisions of the Contract Act pertaining to damages, penalty, compensation etc. for breach. My earlier reply did not mean or to be understood that you should not claim amounts provided by the agreement.

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Answered on 6/05/09, 6:17 am


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