A Leave & Licence Agreement is one of the most commonly used legal documents for renting residential and commercial properties in India. It allows the owner to grant temporary usage rights to a licensee without transferring ownership or tenancy rights.
This Saving Mantra guide explains what a leave & licence agreement is, its benefits, and the step-by-step process in India.
What is a Leave & Licence Agreement?
A Leave & Licence Agreement is a legal contract under the Indian Easements Act, 1882, where:
- The licensor (owner) permits the licensee (occupant) to use the property
- Possession remains with the owner
- Rights are limited and temporary
It is different from a lease or rent agreement, as it does not create tenancy rights.
Difference Between Leave & Licence and Rent Agreement
| Aspect | Leave & Licence | Rent Agreement |
|---|---|---|
| Nature | Permission to use | Tenancy |
| Ownership | Remains with owner | Remains with owner |
| Legal Control | Higher for owner | Moderate |
| Common Usage | Residential | Residential/Commercial |
Benefits of Leave & Licence Agreement
A leave & licence agreement offers several advantages:
- Strong legal control for property owner
- No creation of tenancy rights
- Easy eviction after expiry
- Clearly defined duration
- Legally valid address proof
- Accepted for police verification
It is widely preferred in cities like Mumbai, Pune, and Bangalore.
Documents Required for Leave & Licence Agreement
For Licensor (Owner)
- Aadhaar Card
- PAN Card
- Property ownership proof
For Licensee (Occupant)
- Aadhaar Card
- PAN Card
- Passport-size photograph
Stamp Duty on Leave & Licence Agreement
Stamp duty:
- Varies from state to state
- Usually calculated on rent + deposit
- Mandatory for legal validity
In Maharashtra, stamp duty is compulsory even for short-term agreements.
Step-by-Step Process for Leave & Licence Agreement in India
Step 1: Finalize Terms
- Monthly licence fee
- Security deposit
- Duration
- Maintenance responsibilities
Step 2: Draft Agreement
- Include legal clauses
- Mention lock-in period and termination terms
Step 3: Pay Stamp Duty
- Pay online or offline as per state rules
Step 4: Registration
- Register agreement at Sub-Registrar office
- Biometric verification of both parties
Step 5: Execution
- Agreement signed by licensor and licensee
- Two witnesses sign
Validity of Leave & Licence Agreement
- Usually executed for 11 months
- Can be renewed after expiry
- Registration strengthens enforceability
Common Mistakes to Avoid
- Not registering the agreement
- Unclear termination clause
- Incorrect stamp duty payment
- Missing lock-in period
Avoiding these ensures legal safety.
How Saving Mantra Helps
Saving Mantra provides complete assistance for:
- Drafting leave & licence agreements
- Stamp duty calculation
- Online and offline registration
- Legal compliance guidance
We ensure a smooth and legally valid process.
Conclusion
A Leave & Licence Agreement in India is a secure and legally preferred way to allow temporary use of property without granting tenancy rights. Understanding its benefits and following the correct process protects both owner and occupant. With expert support from Saving Mantra, executing a leave & licence agreement becomes quick and hassle-free.
Disclaimer
This blog is for informational purposes only and does not constitute legal advice. Leave & licence rules, stamp duty, and registration requirements may vary by state. Readers are advised to consult qualified professionals before executing an agreement.