The landlords have to take all necessary precautions to protect their rights through appropriately worded contractual documents called Leave and licence agreements. Rental Agreements are popular, but leave and licence agreement is more advanced and protects the interests of the owners. This is widely used in Mumbai and other metros and is gradually being adopted in Bangalore.
What is a licence?
Licence agreement is a document granting permission to use a land without a right to exclusive possession and such transactions are governed by section 52 of the Easement Act; however the Transfer of Property Act does not refer to leave and licence as a mode of Transfer of Property.
Section 52 of the Indian Easement Act, defines licence as where the grantor grants to another person or number of other persons, a right to do, or continue to do in the immovable property of the grantor, something which would, in the absence of such permission, be unlawful and such a right does not amount to an easement or an interest in the property, the right is called a licence.
