Lease and License, the difference скачать в хорошем качестве

Lease and License, the difference

The distinction between please and License. Lease and license are two special types of contracts. Lease is an agreement by which the owner of the building or land allows other to use it for a specified time in return for payment. License is a permission by the granter to do or continue to do something which in the absence of such permission would be wrongful and such right does not amount to an easement or an interest in the property. License is just a permission given by the licensor to the licensee to do an act, or to occupy the particular premises for a particular time, which, in the absence of such right, will be unlawful. A licensee has no interest in the land and his possession is purely permissive. A license does not create any estate or interest in the property to which it relates. As licensees the defendants cannot obviously claim any right of possession over the property. In the case of a license, though the occupation is with the licensee the control or possession of the property is with the licensor through such a licensee. The occupation of the licensee being purely permissive under the Licensor the former is under legal obligation to restore the possession of the property to the latter whenever license is terminated. The test to know whether a transaction is a licence or a lease has to be ascertained by close scrutiny. Supreme court of India in Associated Hotels v. R. N. Kapoor formulated the test for ascertaining whether a transaction is lease or license. 1) If the deed creates an interest in the property, it is a lease, whereas if it only permits another to make use of the property on which the legal possession continues with the granter, it is a license. 2) If the deed transfers exclusive possession of the property to the transferee the transaction is a lease. 3) What ever a document states whether a transaction is a license or lease can be ascertained by looking to the intention of the parties and not the form of the deed. For Legal consultation WhatsApp 9895367270 on payment of Rs,500 as consultation fee by google pay to this phone and take appointment. #KeralaBuildingsLeaseAndRentControlAct,1965 #keralaJuducialServiceExamination #LicenseAndLeaseTheDifference #BuildingTax #Possession #LeaseDeed #LicenseDeed #Eviction #Tenant #malayalam #Kerala #RentControl #Building #BobbyMani The content of this video is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.