leave and licence agreement draft

8/4/2019 Leave and Licence Agreement Draft

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THIS AGREEMENT OF LEAVE AND LICENCE made at Mumbai

this ___ day of _______ 2011

BETWEEN

________________ of Mumbai, Indian Inhabitant/s residing at

____________________________________________ hereinafter referred to as

THE LICENSOR/S (which expression shall unless it be repugnant to the

context or meaning thereof be deemed to mean and include his/ her/ their heirs,

executors, administrators and assigns) of the First Part

AND

_____________________________________________ of Mumbai, Indian

Inhabitant residing at_______________________________________________


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__________________________________________________________________

Mulund (E), Mumbai 400 081 hereinafter referred to as THE LICENSEE of

the Second Part.

W H E R E A S-

1. The Licensor/s is/are seized and possessed of or otherwise well andsufficiently entitled to Flat No. ____ admeasuring _____square feet carpet area

on the ______ floor of the building known as _____________________________

standing on the property bearing situate, lying and being at

__________________________________________________________________

___________________________________________ within the Registration

District and Sub-District of Mumbai City and Mumbai Suburban hereinafter

referred to as THE LICENSED PREMISES and more particularly described

in the Schedule hereunder written.

2. At the request of the Licensee, the Licensor/s has/have consented to grantleave and licence permission and authority to the Licensee for the use and

occupation of the Licensed Premises for the purpose of his/her residence and his

family members for a period of ____ months hereinafter referred to as THE

LICENSE PERIOD with effect from ________________ for the compensation

and on the terms and conditions herein recorded.

3. The parties hereto are desirous of recording the terms and conditionsagreed between them in writing.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY

AGREED AND RECORDED BY AND BETWEEN THE PARTIES

HERETO AS FOLLOWS.

1. Pursuant to the request made by the Licensee, the Licensor/s inconsideration of the stipulations herein described and the observance of the terms

and conditions on the part of the Licensee hereinafter contained and agreed upon


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by the Licensee, hereby grants/grant to the Licensee leave and licence, permission

and authority to enter upon and use and the Licensee hereby with the permission

and authority of the Licensor/s agrees to use the Licensed Premises more

particularly described in the Schedule hereunder written for the purpose of

residence of the Licensee and his family members for the period and at or for the

compensation and on the terms and conditions herein contained.

2. The leave and licence hereby granted by the Licensor/s to the Licensee foruse of the Licensed Premises on the terms and conditions herein contained shall

be for a period of ____ months hereinafter referred to as THE LICENSE

PERIOD from and with effect from _____________ 2011.

3. a. During the Licence Period, the Licensee shall pay to the Licensor/sregularly and every month as and by way of monthly license fee or compensation

for use of the Licensed Premises by the Licensee for the purpose of residence of

himself and his bonafide family members a sum of Rs._________/- (Rupees

___________________________________ Only) for the period of ___ Months

(i.e. from __________ to __________ ). The monthly license fee or compensation

shall be paid by the Licensee to the Licensor/s in advance on or before the 5th

day

of each and every calendar month and the Licensee have handed over to the

Licensor/s post dated cheques for the payment of the monthly licence fee or

compensation during the Licence Period.

b. Over and above the license fee or compensation payable by theLicensee to the Licensors under the foregoing Clause 3(a) the Licensee shall pay

regularly and upto date the charges for consumption of electricity for use of

electricity in respect of the Licensed Premises, telephone charges in respect of the

telephone/s installed in the Licensed Premises and the charges of the Mahanagar

Gas Limited for the consumption of gas in the Licensed Premises, within eight


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days from the date of receipt of the bills for the same from the concerned

authorities.

c. It is agreed between the parties hereto that the present and futuremunicipal and other taxes, charges, levies, dues, duties and outgoings whatsoever

in respect of the Licensed Premises shall be borne and paid by the Licensor/s

alone.

4. The Licensee agrees that the Licensed Premises shall be used by theLicensee for the purpose of residence of himself and his bonafide family members

and for no other purpose whatsoever.

5. The Licensee shall neither have nor claim to have any right, title orinterest of any nature whatsoever to or in the Licensed Premises or any part or

portion thereof which are given to and taken by the Licensee under the terms and

conditions hereof on leave and licence for use as a licensee of the Licensor/s.

6. The Licensee shall duly and faithfully abide by, observe, perform andcomply with and shall cause his/her family members to abide by, observe,

perform and comply with all the rules and regulations of the Municipal

Corporation of Greater Mumbai, Government of India and of Maharashtra and the

statutory bodies and authorities and the bye-laws, rules and regulations of the Co-

operative Society, limited company or Condominium or other Association

formed by the flat purchasers of the said building known as

________________________________________ including for the purpose of

maintenance of common portions and common services etc., and shall not do or

commit any infringement, breach, delay or default in duly and faithfully abiding

by, observing and performing any such laws, bye-laws, rules and regulations.

7. The Licensee shall not itself permit or allow or otherwise grant anypermission or authority to anyone else to permit or allow the Licensed Premises

or any part or portion thereof to be used by anyone else than by the Licensee for


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the purpose of residence of the Licensee and his bonafide family members and

shall not induct any other person, firm or company or otherwise anyone

whomsoever in the Licensed Premises or any of them or any part thereof or allow

anyone else to use the same.

8. The Licensee shall keep and maintain the Licensed Premises in good andclean condition. If any damage is caused to the Licensed Premises or any part or

portion thereof by the Licensee or on his/her account, the same will be made good

by the Licensee at its cost either by rectifying the damage or by paying cash

compensation as may be determined by the Licensors/ Licensors Architect,

whose decision shall be final and binding on the parties and shall not be

challenged for any reason or on any ground whatsoever.

9. The Licensed Premises are given to the Licensee on a personal basis andthe Licensee shall be deemed only and strictly to be a licensee for the License

Period by virtue of these presents and the Licensee shall not make or have any

claim to tenancy, sub-tenancy or any other right, title or interest of whatsoever

nature in the Licensed premises or in any part or portion thereof. Nothing in this

Agreement shall be deemed to grant a lease or tenancy and Licensee agrees and

undertakes that no such contention shall be taken up by the Licensee at any time.

10. The Licensee shall not be deemed to be in exclusive possession of theLicensed Premises and the Licensors shall have the right to enter upon the

Licensed Premises at any time during working day hours to inspect the Licensed

Premises. The juridical possession of the Licensed premises shall be deemed to be

with the Licensor/s.

11. The Licensee shall not store any hazardous or inflammable articles in theLicensed Premises or near about.

12. The Licensee shall not make any alteration in or addition to the LicensedPremises or any part or portion thereof which are of a permanent or structural


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nature without the previous consent in writing of the Licensor/s. The Licensee

may at his/her own costs, risk, expenses and responsibility install furniture,

fixtures and fittings of a non permanent or non structural nature without in any

manner damaging the Licensed Premises or any part or portion thereof. On the

expiry or sooner determination or termination of this Agreement the Licensee

shall remove all such non structural and non permanent installations made by it in

the Licensed Premises and restore the Licensed Premises in the condition in

which they were at the time of execution of this Agreement.

13. The Licensee shall not use the Licensed Premises for any illegal, immoralor improper purposes and shall not cause any nuisance or annoyance to the people

in the neighborhood and shall not do any act which would be a breach of any

rules, regulations and bye-laws applicable to the Licensed Premises and the

residents and occupants thereof.

14. The Licensed Premises having been given only and strictly on leave andlicence basis the Licensee shall not deal in any manner whatsoever and shall not

part with the occupation of the Licensed Premises under any circumstances to any

person or persons whatsoever.

15. The Licensor/s shall have the right to visit the Licensed Premises byhimself/ herself/ themselves or his/ her/ their authorised agent/s at all reasonable

times to satisfy himself/ herself/ themselves that the Licensed Premises are being

used and occupied strictly in accordance with the terms and conditions of this

Agreement and that no objectionable, illegal and prohibitory activities are going

on or carried on in the Licensed Premises. It is explicitly understood that the

Licensee shall be liable for acts of omission and commission on his/her account

and the Licensor/s shall not be liable therefor under any circumstances

whatsoever,


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16. As security for the due performance of this Agreement by the Licensee interms herein contained and so long as the Licensee continues to use the Licensed

Premises the Licensee shall deposit and keep deposited with the Licensor/s a sum

of Rs. _______ /- (Rupees ____________________ Only) [THE SECURITY

DEPOSIT] as and by way of interest free security deposit as a security for the

Licensee duly and faithfully abiding, observing and performing the terms and

conditions herein contained. It is hereby expressly agreed that the Security

Deposit shall not carry any interest and shall be paid to the Licensor/s at or before

the execution of this Agreement (the payment and receipt whereof the Licensor/s

doth/ do and each of them doth hereby admit and acknowledge) and shall be

refunded by the Licensor/s to the Licensee simultaneously with the Licensee

vacating and removing himself/ herself and all his/ her belongings and family

members from the Licensed Premises as per the provisions of this Agreement

after deducting therefrom all amounts that may be receivable by the Licensor/s

from the Licensee. On the expiration or sooner determination or termination of

this Agreement or on the license hereby granted coming to an end for any reason

whatsoever the Licensor/s will simultaneously with the Licensee vacating and

removing himself, his family members and belongings from the Licensed

Premises refund to the Licensee the interest free security deposit without any

interest after deducting therefrom all amounts that may be receivable by the

Licensor/s from the Licensee.

17. The Licensor/s shall be entitled to terminate this Agreement and thelicense hereby granted at any time by giving to the Licensee 30 days prior written

notice of his/her/their intention to terminate this Agreement. In such event on the

expiry of the period of one month mentioned in the notice this Agreement shall

stand terminated and come to an end.


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18. The Licensee shall be entitled to terminate this Agreement by giving to theLicensor/s 30 days prior written notice of their intention to do so. On the

expiration of the one month period mentioned in the notice this Agreement shall

stand terminated and the license hereby granted shall come to an end.

19. On the expiration of the said term or period of licence or on the earliertermination or determination thereof or the license hereby granted coming to an

end for any reason whatsoever, the Licensee shall remove himself/ herself, his/her

family members and all his/her belongings from the Licensed Premises and vacate

the Licensed Premises without causing any obstruction or hindrance whatsoever

to the Licensor/s. It is expressly agreed that the Licensed Premises so vacated

shall be in the same condition in which the Licensed Premises now exist subject

to normal wear and tear. It is further expressly agreed that the occupation and use

of the Licensed Premises on the expiration of the License Period or upon the

termination or determination of this Agreement or on the license hereby granted

coming to an end for any reason whatsoever shall be deemed to be an act of

trespass. It is hereby agreed and understood that in the event of the earlier

termination or determination of the license hereby granted or the licence hereby

granted coming to an end for any reason whatsoever prior to the expiry of the

License Period, the Licensor/s shall return to the Licensee the post dated cheques

of the monthly licence fee or compensation for the unutilized license period.

20. The stamp duty and registration charges shall be borne and paid by theLicensor/s and the Licensee in equal shares.

IN WITNESS WHEREOF the Licensor/s, and the Licensee have set and

subscribed their hands to this writing the day and year first hereinabove written.

THE SCHEDULE ABOVE REFERRED TO


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Flat No. _____ admeasuring ____ square feet carpet area on the ____ floor of the

building known as ________________________ standing on the property

bearing situate, lying and being at_____________________________________

__________________________________________________________________

within the Registration District and Sub-District of Mumbai City and Mumbai

Suburban.

SIGNED SEALED AND DELIVERED

by the within named LICENSOR/SMr.

__________________ in the presence of.

1.

2.

)

)

)

)

SIGNED SEALED AND DELIVERED

by the within named LICENSEE

__________________ in the presence of.

1.

2.

)

)

)

)

ACKNOWLEDGE to have received of

and from the within named Licensee the

sum of Rs._________/- (Rupees -

_____________ Only) by Cheque No.

________ dated _________ drawn

on_______________

________________________ being the

withinexpressed interests free security

)

)

)

)

)

)

)

)


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deposit to be paid by the Licensee to

me/us.

) Rs. ________/-

RECEIVED the day and year first

hereinabove written of and from the

within named Licensee the __ (_______)

Post Dated Cheques of each Rs. ______/-

(Rupees ________________ Only) for

period ______________ to

____________ by Cheque

Nos.___________ to ___________

drawn on___________

___________________________ being

the withinexpressed monthly license fee

to be paid by the Licensee to me/us.

)

)

)

)

)

)

)

)

)

)

)

WITNESSES

1.

2.

I/ WE SAY RECEIVED

THE LICENSOR/S ABOVENAMED


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=====================================

DATED THIS ___ DAY OF ________ 2011=====================================

___________________________

LICENSOR/S

AND

_________________________

LICENSEE


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LEAVE AND LICENCE AGREEMENT

leave and licence agreement draft

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