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LEAVE AND LICENCE AGREEMENT FORMAT

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THIS AGREEMENT OF LEAVE AND LICENSE made and entered at Mumbai on this
Day _____of 2013, between Mr. _________________ Pan No______________,
Residential _________________________________________, Hereinafter referred to
as the Licensor (which expression shall unless it be repugnant to the context or
meaning thereof be deemed to mean and include their heirs, executors, administrators,
representatives and assigns) of the ONE PART;

AND

Ms.________________________Pan No________ Residential address


at_____________________________, Hereinafter referred to as The Licensee (Which
expression shall unless it be repugnant to the subject or context thereof be deemed to
include his successors and assigns) Of the OTHER PART.

WHEREAS the LICENSOR are the exclusive and legal owners and absolutely seized and
possessed of and otherwise well and sufficiently entitled to ---------------------
Hereinafter called as the SAID PREMISES.

AND WHEREAS the LICENSOR is desirous of giving the above said premises on leave
and license under Section -----------------------

AND WHEREAS THE LICENSEE is in need of temporary premises and has approached
the LICENSOR to allow him to use and occupy the said flat on Leave and License basis
for a period of xx months only.

AND WHEREAS the Licensor has agreed to allow the Licensee to use and occupy the
said flat only on Leave and License basis for a period of xx months from the effective
date of this agreement on terms and conditions mutually agreed upon by both the parties
hereinafter appearing.

IT IS HEREBY AGREED DECLARED AND RECORDED BY AND BETWEEN THE


PARTIES HERETO AS FOLLOWS:

1. The Licensor hereby grant to the Licensee a revocable leave and license to occupy
the Licensed PREMISES without creating any tenancy right or any other rights,
title and interest in favour of the LICENSEE.

2. The Licensor shall be deemed to be in judicial possession of the Licensed


premises and the Licensee will use and occupy the premises with the license
of the licensor. The Licensed premises shall always remain with the Licensor
and the Licensee is only permitted to use the premises under this agreement.
It is agreed that it is not intended to create the relationship of landlord and
tenant by execution of this Agreement of Leave and License.

3. It is hereby agreed between the parties hereto that at all times the possession
of the said premises shall be of the Licensor alone and the licensee shall
have only the right to use and occupy the said premises for the period
mentioned herein. The Licensor shall give a duplicate key of the said
premises to the Licensee and the original of the said Licensed premises shall
always remain with the Licensor. It is agreed that the duplicate key has been
given to the Licensee only for the purpose of convenience.
4. The Licensee shall pay Rs.xxxxxxxxxx/(Rupees xxxxxxxxxxxxxxxxx Only) per
month as a compensation for the use and occupation of the Licensed premises
and inclusive of the maintenance charges. The same shall be payable at ,
before xxth of every month. The said License fee shall be enhanced ..% for second
year from _____ 20 till ________ 20.. would be Rs . (Rupees ..
Only). The said License fee shall be enhanced % for third year from ___20.. till __
20.. would be Rs. .(Rupees . Only).

5. It is agreed by the parties hereto that the Licensee shall deposit and keep
deposited with the Licensor interest free a sum of Rs.xxxxxxxx/(Rupees
..)as security deposit for performance of the terms and conditions
contained in Leave and License Agreement.

6. Notwithstanding anything to the contrary contained if on the determination or sooner


termination of the License in terms of the said Leave and License Agreement, if the
Licensee is ready and willing to give peaceful possession of the said premises to the
Licensor but the Licensor do not refund the Security Deposit for any reason
whatsoever, despite the written notice being received from the Licensee then in such
event without prejudice to any other right/ remedy available :-

a) The Licensee shall be entitled to retain the Licensed Premises without being
liable to pay the compensation effective from that date till the time the
Licensor refund the said Security Deposit in full to the Licensee.

b) The Licensor shall become liable to pay interest to the Licensee on the said
Security Deposit at the rate of 16.5% per annum from the date the Licensee is
ready and willing to give vacant and peaceful possession of the said premises
as aforesaid upto the date of the refund of the said Security Deposit by the
Licensor to the Licensee together with the accrued interest.

7. It is also clearly agreed between the parties that in the event of the Licensee and/ or
their employees failing and/ or neglecting to remove themselves and/ or their
articles and effects from the said premises on expiry or sooner determination of
this Agreement without prejudice to any other remedy available to the Licensor,
the Licensor shall not only be entitled to hold the said security deposit free of
interest until such compliance but the Licensor shall be entitled to recover
damages at the rate of Rs/- per day.

8. The said premises shall be used for the residential purpose only by the
Licensee and his family members and bonafide servants.

9. The licensee shall not make or permit to do any alteration or addition to the
construction or arrangements (internal or external) to the Licensed premises
without previous consent in writing from the Licensor.

10. The Licensee hereby admits and confirms that no tenancy rights nor any right,
title or interest in the nature of tenancy nor any other interest whatsoever are
hereby created by this Agreement in favour of the Licensee.

11. That the licensee shall not claim any tenancy right and shall not part with the
possession of the said premises to any outsider except the Licensor and shall not
transfer , assign , sublet or grant any license or sub-license in respect or part
with the possession of the licensed premises of any part thereof and also
shall not mortgage or raise any loan against the said premises.
12. The licensee shall maintain the said premises in its existing condition and damage,
if any, caused to the said premises the same shall be repaired by the
Licensee at its own cost subject to normal wear and tear.

13. It is agreed between the parties that the Licensor shall pay all the existing and future
charges payable to the society.

14. That the licensee shall pay regularly the electricity bills and telephone rentals
for the premises to the authorities concerned. Any penalty levied by these
agencies due to any delay in payment shall be borne by licensee.

15. That the Licensee shall on reasonable notice given by the Licensor give
access to the Licensor or his authorized representative to enter , view and
inspect the premises for purpose of inspection at reasonable intervals.

16. It is also agreed by and between the parties that if the Licensee commits
default in regular and punctual payments of monthly compensation as herein
before mentioned or commits breach of any of the terms, covenants and
conditions of this agreement or if any legislation prohibiting or restricting the
Leave and License is imposed or impounding, the Licensor shall have all the
rights to revoke the Leave and License forthwith and on such revocation being
notified to the licensee in writing the licensee shall within one month from
date of such notice of revoking the license addressed to them at the address
herein-above given vacate themselves from the said premises.

17. The relation between the Licensor and the Licensee shall be as such and not
as landlord and tenant and the Licensee shall not be entitled and shall not
claim any rights as a tenant

18. The said flat shall be used for the purpose of residence of the Licensee and
the members of his family and by no other person/s.

19. The License is personal to the licensee and the Licensee shall not assign the
same or transfer the benefit of this agreement to any other person or party.

20. It is hereby agreed by the Licensee that immediately on the termination of


this agreement the Licensee shall vacate the said premises without let or
hindrance
21. In case any unlawful activities prohibited by State or Central Government is detected
as being carried out on the premises, the Licensee shall be liable for consequences
following there from and the Licensors shall be deemed to be not liable for punitive
consequences whatsoever, and in such a case the said License would be terminated.

22. In the event of any change, modification or amendment in Law relating to Leave and
License by any Act of Legislation, Notification, Ordinance, Judgment or otherwise
however, by virtue whereof the License is granted, conferred upon and/or entitled to
any greater rights other than those conferred under these presents as contemplated
under Rent Control Act, , then in such an event this Agreement shall
come to an end muttatis mutandis on the day prior to such legislation notwithstanding
the tenure of the license granted hereunder.

23. Either parties can terminate this Leave and License agreement by giving 30 days
notice to the other party in writing after a lock in period of xx months.

24. The licensor shall hand over the keys of premises only after receiving the one month's
license fees in advance.
25. The license hereby granted shall be effective from _____________

This agreement is registrable U/S xx of Act 2 of . Govt. & the Stamping


and registration charges and other out of pocket expenses, if any, shall be borne by
licensor and the licensee equally.
Schedule of Property

All that the premises bearing C.T.S. No. 383 with a built-up area of approximately ____
square feet, situated in Flat no. ..
IN WITNESS WHEREOF the parties have hereunto put their hands and seal the
day and year first hereinabove written.

SIGNED SEALED AND DELIVERED


By the within named LICENSOR
)
Mr.
LICENSOR

In the presence of

1.

2.

SIGNED SEALED AND DELIVERED )


by the within named LICENSEE )
)
Ms. ) LICENSEE

in the presence of

1.

2.
:6:

DEPOSIT RECEIPT

Received from the within named Licensee .______________. the sum of


__________________ being the amount of interest free security deposit against giving
the Flat no. .on leave and license basis as
per Agreement executed on ____ day of ________

DETAILS: -
Date Cheque No. Drawn on Branch Amount

Rs.

I SAY RECEIVED

Mr.______________________

______________
(LICENSOR)

WITNESS

2.

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