Leave & Licence Agreement: Benefits and Process

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

AspectLeave & LicenceRent Agreement
NaturePermission to useTenancy
OwnershipRemains with ownerRemains with owner
Legal ControlHigher for ownerModerate
Common UsageResidentialResidential/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.