What is a leave and license agreement? How is it different from a lease deed?
A leave and license agreement is a legal document which allows a homeowner to rent out her property to the licensee for a specific period of time. However, unlike a lease deed, a leave and license agreement does not allow the occupier (the licensee) to sublet the property, nor does it let the heirs of the licensee inherit it. Leave and license agreements are typically for a short-term rental arrangement, for a period of not more than 11 months.
- By analysing our data, which compiles information on registered deeds from Sub Registrar’s Offices (SROs) across all districts whose regions are part of the Mumbai Metropolitan Region (MMR), we found that the share of leave and license agreements’ registrations is about 20 percent of the total deeds’ registrations from 2011 to 2020.
- Mumbai Suburban followed by Thane leads in these registrations. Mumbai city has the third-largest share in the registrations. According to this study, Greater Mumbai witnessed a steady decline in rental housing from 1961. Our data shows that this decline continues; leave and license registrations in virtually every district are declining from 2011.
- The leave and license agreements’ registrations peaked in Mumbai Suburban in 2012, while in Thane, they peaked in 2015.
How to register a leave and license agreement in Mumbai?
- You can pay the stamp duty for your leave and license agreement online.
- Visit the Maharashtra e-Gras portal.
- If you do not want to register yourself on the website, click on ‘Pay without registration.’ Then click on the ‘Citizen’ button.
- Click on the ‘Pay stamp duty and registration fee together’ option under the ‘Make payment to register your document’ tab.
Fill up the following information in the form that appears-
- Department details: Choose the district and sub-registrar office in whose jurisdiction your property is located. Choose the article code ‘36 A Leave and License Agreement’.
- Payment details: Under payment details. Specify the stamp duty and registration fee you must pay.
- First party details: Enter the name, PAN, and mobile number of the buyer.
- Second party details: Enter the name and PAN of the seller.
- Property details: Enter flat/survey number in case of a plot, locality or road, area/city, and pincode of the property.
- Property value details: The market value of the property and consideration amount which is the amount you actually paid to the seller.
- Payment mode: choose the mode of payment from the given options,
Once you have made the payment, visit the relevant SRO to register your deed.
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