6. License Characteristics The essential feature of a license is :- 1. The license is from The Authorization and not otherwise. This can be explicitly implied. 2.C is a personal privilege, totally disconnected from the property`s property. 3. It creates no interest in the property for which it is granted. 4. It is not transferable.
5. He is not herereathed 6. It is a positive right (there can be no license to prevent a person from doing something) Supreme Court in B.M. Lall v. Dunlop Rubber Co India Ltd analyzed the distinction between a lease and a license. You`re, 1. Leasing is the transfer of a right to use the premises, while the license is a privilege to do something on the site, which would be contrary to illegality. 2. The transaction is a lease agreement if it grants an interest in the property, it is a license if it grants a personal privilege. 3. The etiquette that the parties choose for the case, while relevant, is not determinative.
It is not the form, it is the content that must be taken into account. 4. If the agreement is written, it is the question of the construction of the agreement taking into account the conditions and articles and circumstances in which it is concluded. It is not words, but substance. Whether a particular transaction creates a lease or licence is a question of the intent of the parties, which can be inferred from the circumstances of the case, so it is essential to pay attention to the content and substance of the agreement and not to its form. It is therefore clear that the intention of the parties is the paramount consideration and that the fact of the exclusive property, with the payment of rent, is of the utmost importance, but also the circumstances in which the exclusive property was granted and the character in which the money was paid as rent are also matters that must be properly considered. Normally, in the case of a licence, there is no question of subletting, but only to give such a clause in an agreement, it cannot be considered a lease agreement. 1. To determine whether a document creates a license or lease, the content of the document is preferred to the form; 2. The review itself is the intention of the parties to establish or not to establish a lease or licence; (3) If there is interest in the property, it is a lease; however, if it allows another person to use the property whose rightful ownership continues with the owner, it is a licence; and (4) when a party receives exclusive ownership of the property after the document, „prima facie,“ it is considered a tenant; However, there are circumstances that hate the intention to create a lease. If this mechanism fails, the parties can appeal. Details of all registered leases must be given at the nearest police station.
At a conference of various trade, business and tenant organizations, Mani said the bill would be introduced as soon as it received the cabinet`s green signal. He said there would be provisions in the new act that would make a lease between the landlord and the tenant mandatory, as well as a 20 per cent increase in rent within three years. A well-prepared rental contract is not only the basis of a renter-tenant relationship, but also a preventive measure to avoid future litigation. Therefore, certain clauses in your leases should never be omitted. Some of them are commercial leases: these leases are signed for commercial purposes and are most often between companies or companies and an individual. These leasing contracts rarely have a standard format, as the agreement must adapt to the needs of the company concerned, which is envisaged for the lease. These are large sums of money, which are rarely signed for a short period of time. Registration and correct stamp duty are rarely overlooked. To make an online lease for every city in Kerala, follow these steps – real estate has always been a strong market in Kerala, where everyone is interested in adding as many homes as possible to their name.