Tuesday, 15 February 2022

How to draft a leave and license with sample illustration

 EXERCISE 1

LEAVE AND LICENSE AGREEMENT

This Leave and License Agreement is made and entered into at Mumbai on 24th day of December 2020 , BY and BETWEEN :

Mr. Prashant Jagtap , an adult , Indian inhabitant

Of the following address:

351 Raj Niketan, Bapu Vashi Road, Vile Parle West

Mumbai

Maharashtra

400056

HEREINAFTER referred to as “ THE LICENSOR” (which expression unless contrary or repugnant to the context or meaning thereof shall mean and include his legal heirs, executors, administrators and assigns).

AND

Mr. Raman Bajaj , an adult, Indian inhabitant

Of the following address:

37 Narayan Dhruv Lane, Mandvi

Mumbai

Maharashtra

400003

HEREINAFTER referred to as “ THE LICENSEE ” ( which expression unless contrary or repugnant to the context or meaning thereof shall mean and includes his legal heirs, executors, administrators and assigns) of the “ OTHER PART ”.

1.REPRESENTATIONS:

WHEREAS the Licensor is the lawful and legal owner and is fully seized and possessed of Flat No. BL/233 , Wholsor Hills , Mumbai.

AND WHEREAS the Licensee has approached to the Licensor with a request to allow the Licensee to temporarily occupy and use the said Flat for Residential Purpose on Leave and License basis for a period of 2 years commencing from 1st January 2021 to 1st January 2023.

AND WHEREAS the Licensee has approached to the Licensor with a request to allow his Wife named MS. Sudha and his two daughters Ruchi (10 year old) and Jiya ( 8 year old). 

AND WHEREAS the Licensor has agreed to the let out his flat to the Licensee to occupy and use The said Flat for a period of 2 years only on the following terms and Conditions agreed to between the parties hereto:

2. OBLIGATIONS BY THE PARTIES:

  1. Licensee shall pay the fee on or before the due date.

  2. Licensee shall Obey all the Rules and Regulations framed by the Society.

  3. Licensee shall use the Flat only for the Residential purpose.

  4. Shall not allow any other person to reside in the Flat other than the persons mentioned in the Agreement with taking the prior permission of the Licensor.

  5. Licensee shall maintain the Flat in tenable Conditions.

  6. Licensee shall not carry out any illegal activities in the Flat.

  7. Licensor shall not do any act or Conduct in order to disturb the Occupation of the Licensee.

  8. Licensor shall affirm the occupation of the Licensee in case of sale, mortgage, creation of charge in the Flat during the Valid period of Lease and License Agreement.

  9. Licensor shall pay all the taxes related to the Flat. 

3.TENURE OF LEAVE AND LICENSE:

 The Licensor hereby grants Leave and License to the Licensee to occupy and to use the said Flat for Residential purpose for a period of 2 years commencing from 1st January 2021.

4.MONTHLY RENT AND MAINTENANCE:

a)The Licensee has agreed to pay the Licensor, the sum of Rs 14000/- ( Fourteen Thousand Only) per month being the Occupancy charges for the said Flat regularly on or before 10th day of each and every month.

b) The Licensee has agreed to pay the Electricity charges and other Incidental charges due to appropriate authorities as per the bill amount regularly during the commencement of this Agreement.

5.SECURITY DEPOSIT:

The Licensee has agreed to pay Rs 100000/- ( One Lakh) as a Security Deposit which is a one time payment and interest free. Security Deposit is refundable on vacation of the Flat.

Damages to the Flat will be deducted from the security Deposit if any. 

6.TERMINATION:

a) If the Licensee commits a breach of any terms of this agreement then notwithstanding any thing herein contained the Licensor will be entitled to terminate this agreement by 30 days prior notice to the Licensee.

b) That either party to this Agreement is at liberty to terminate this Agreement by 30 days prior notices in writing.

c) Non payment of Occupancy charges of 3 (three) consecutive months will trigger to Termination of the Agreement.

7.STAMP AND REGISTRATION OF LEAVE AND LICENSE AGREEMENT:

This Agreement is to be registered and the expenditure of Stamp duty and

registration fees and incidental charges, if any, shall be borne by the Licensee.


IN WITNESS THEREOF  the parties hereto have been unto set and subscribed their respective hands on the day and year mentioned hereinabove.

SIGNED SEALED AND DELIVERED

By the within named licensor


_______________________________


In the presence of...

1.

2.


SIGNED SEALED AND DELIVERED

By the within named Licensee


______________________________

In the presence of.....

1.

2.


EXERCISE 2


AMENDMENT AGREEMENT TO THE LEAVE AND LICENSE AGREEMENT

This Amendment Agreement ( “Agreement”) is made and executed on 01-01-2024 (“Effective Date ”).

BY AND BETWEEN

  1. Prashant Jagtap residing at 351 Raj Niketan, Bapu Vashi Road , Vile Parle West, Mumbai , Maharashtra ( hereinafter referred to as” Party 1” which expression shall mean and include its legal heirs, administrators and permitted assigns), of the FIRST PART.

AND

  1. Raman Bajaj residing at BL/233 , Wholsor Hills , Mumbai , Maharashtra ( hereinafter referred to as “ Party 2 ” which expression shall mean and include its legal heirs , administrators and permitted assigns).

Party 1 and Party 2 are hereinafter collectively referred to as “ Parties ”.

( The above Parties shall hereinafter individually be referred to as “ Party ” and jointly as “ Parties ”.)

WHEREAS:

  1. The Parties entered into the following agreement on 24th of December 2020 on Leave and License Agreement for the following purpose:

Where the Licensee has approached the Licensor to temporarily allow the Licensee to use the Flat for Residential purpose on Leave and License basis which includes 4 ( Four) persons Naming  Raman Bajaj, Ms.Sudha , Ruchi and Jiya. The Agreement was for a time Period of 2 (two) years.

(“ Original Agreement ”).



  1. Pursuant to discussions, the Parties have reached certain Understandings in respect of the arrangement specified in the Original Agreement .

  1. The Parties now seek to enter into this Agreement to confirm and record the mutual agreement between the Parties in the Understanding in respect of the above 

NOW, THEREFORE, THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED TO BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1.DEFINITIONS

Unless otherwise defined herein, capitalised terms used in this Agreement (including the Recitals) shall have the meaning assigned to them in the Original Agreement.

2.AMENDMENTS TO THE ORIGINAL AGREEMENT

A. The Parties agree that immediately upon execution of this Agreement:

The following clause : Clause 3 of the Original Agreement shall stand amended as under:

Clause 3 which refers to the Tenure of Leave and License.

The Tenure of Leave and License shall be increased to cover additional 2 (two) years from the date of execution of this Agreement.

The following clause : Clause 4 of the Original Agreement shall stand amended as under:

Clause 5 which refers to Monthly Rent and Maintenance .

The Monthly Rent Payable from the execution of this Agreement will be Increased to 10% of the amount decided earlier and increase of 5% more for the Second year of extension of the Leave and License Term.

3. INDEMNIFICATION

Licensee hereby agrees to indemnify and hold harmless Licensor from and against any loss, damages or costs which are caused to the Licensor due to any actions of the Licensee pertaining to the Flat.

4. REPAIR AND MAINTENANCE

Licensor, at its sole cost and expenses , will promptly make all major replacements and Repairs to the Flat and the Licensee shall only be responsible for maintaining the Flat in a tenable Condition and repairing day to day wear and tear.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement:

SIGNED SEALED AND DELIVERED


By the within named licensor


 



In the presence of...


1.


2.





SIGNED SEALED AND DELIVERED


By the within named Licensee


 


In the presence of.....


1.

2.


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