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LEAVE AND LICENCE

THIS AGREEMENT is made and executed at Aurangabad on XX day of XXXX, 2017 and 2018.

BETWEEN

Mr. XXXXXXXXXXX, Age: - XX Years, Occupation: - XXXXX, R/o, XXXXXXXXXXX, Aurangabad-431005(Hereinafter shall be referred to as the "Licensor", (OWNER) which expression shall mean and include his/her heirs, successors, executors, or administrators and assigns)… ONE PART.

AND

Mr. XXXXXXXXXXX, Age: - XX Years, Occupation: - XXXXXXX, R/o, XXXXXXXXXXXXXXX, Aurangabad-431005 (Hereinafter called or referred to as the “Licensee”, (which expression shall unless repugnant to the context or meaning thereof shall include his/her successors, heirs and representatives)…OTHER PART.

WHEREAS the Licensor is seized and possessed all otherwise well and sufficiently entitled to a residential independent flat at XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, Aurangabad-431005 admeasures about XXXX sq.ft. (Approx.) situated on the XXXX floor of the building.

AND WHEREAS the Licensee learnt that at present the said independent flat is vacant and the Licensor intends to give the same on leave and license basis.

AND WHEREAS the Licensee approached the Licensor and requested the Licensor to allow the temporary use and enjoyment of the said independent flat with fixtures, fittings and other amenities available in the said independent flat to the Licensee purely on leave and license basis for residential purpose only.

AND WHEREAS the leave and license agreement agreed hereby is strictly temporary and revocable in as much as the Licensor has acquired the said premises for his own use and occupation and desires to put the same for his own use on the expiry of the license period of eleven months.

AND WHEREAS in response to the said request of the Licensee, the Licensor has agreed to give the said independent flat on leave and license basis to the Licensee subject to certain terms and condition.

NOW THEREOF THIS AGREEMENT witness with and it is hereby agreed to by and between the parties, here to as under: -
That the Licensor hereby gives the said residential independent flat no.XX, XXXXXXXXXXXXXXXXX, Aurangabad-431005, situated on the XXXX floor and along with the fixtures, fittings and other amenities given to the Licensee for a period of 11 months commencing from 00/00/2016 to 00/00/2017.
The Licensee hereby agrees to pay a monthly compensation of Rs.0000/- (Rupees XX Thousand Only) to Licensor before the 7th day of each English calendar month. Consisting of Rs.0000/- (Rupees XXXX Thousand Only) as a license fee and Rs.0000/- (Rupees XXXX Thousand Only) against utilization of furniture's and fixtures as listed on annexure-A.
If the Licensee fails or commits the default in payment of monthly license fee to the Licensor (owner) consecutively for two times during the currency of this license, the Licensor will have right to terminate this license.
It is hereby agreed between the parties that if the Licensee commits a default in payment of the electricity bills, society maintenance charges and or commits breach of the terms covenants contained in this agreement, the Licensor shall be entitled to revoke this license forthwith and serve a notice for vacation of the said premises to the Licensee. The Licensee shall bear the const of regular & usual repairs of the premises the period of occupation.
In addition to the payment of above referred licence fees the Licensee hereby agrees to bear and pay electricity charges (separate electric meter has been provided to the said house-flat) as per bills received from Maharashtra State Electricity Distribution Company (GTL Ltd) during the currency of this licence and handover the original paid bill to the Licensor on a going basis. If the Licensee fails to pay electricity charges / bills within the prescribed period of time and the electricity supply, if disconnected by the suppliers the Licensee has agreed to pay the electricity re-connection charges, penalty and arrears of the electricity bill, if any. According to the electricity company’s law using electricity unlawfully by bypassing the electric meter is a crime. If such an event occurs the Licensee has agreed to pay any penalty therefore, so also he / she will shoulder the consequences caused with cost responsibility / liability.
The society charges or maintenance charges paid by the Licensee exclusively and other dues and duties and taxes or levies payable in respect of the said independent flat to the society or complex or Aurangabad Municipal Corporation / Council will be borne and paid by the Licensor exclusively.
The said independent flat is furnished with the fixtures and fittings and that the Licensee has inspected the said fixtures & fittings and the Licensee admits that the same are in good condition. The Licensee hereby agrees to make use of the said fittings and fixtures in reasonable manner and will see that the said fixtures, fittings etc, will not be damaged because of any act of the Licensee.
Simultaneously with the executing of this agreement the Licensee’s has paid an amount of Rs.XXXXX/-(Rupees XXXXXXXXX Only) to the Licensor as and by way of cheque no.XXXXX dated on 00/00/2016 on XXXXXXXXXXX Bank Ltd, towards security deposit. The said amount of Rs.XXXXX/- (Rupees XXXXXXXXXXXXXXXXXXX Only) will not carry any interest and the Licensor will repay the said amount of Rs.XXXXX/- (Rupees XXXXXXX Only) to the Licensee on termination of this license after deducting any dues receivable by the Licensor from the Licensee against the receipt of vacant possession of the said independent flat from the Licensee.
All payments under this agreement are subject to deduction of tax at source under the provisions of the Income Tax Act, 1961 or any amendment thereto or any other legislation as may be applicable from time to time.
The Licensee is not entitled to make any additions or alterations of any permanent nature in the said independent flat without previous written permission of the Licensor. The Licensee shall not make or have any claim of tenancy, sub-tenancy or any other right, title or interest of whatsoever nature in the said independent flat. The Licensee hereby expressly agrees and assures to the Licensor that the Licensee will not grant sub license to any other person to use or occupy the said independent flat.
By this license, Licensee Mr. XXXXXXXXXXX is only allowed to use and occupy the said independent flat along with his family members, bonafide guests & servants, Licensee cannot depute any other person/individual to use and occupy the said independent flat during the currency of this license.
The Licensee shall permit the Licensor or his duly authorized agent or the representative to enter upon the said independent flat at all reasonable times for the purposes of viewing the condition of the said independent flat or for carrying out any repairing work.
If the Licensee fails to observe and perform any of the terms and conditions and covenants of this agreement the Licensor shall be entitled to terminate this agreement forthwith without any notice.
The Licensor hereby states and assures that the Licensor has obtained all necessary permissions legally required for allowing the Licensee to use the said independent flat from all concerned authorities and that the Licensor sole and unfettered right to give the said independent flat on license to the Licensee. The Licensor however, assures that the he will allow the Licensee to use the said independent flat on license peacefully and quietly during the term hereby granted without any interruption whatsoever by, from and under the Licensor.
The Licensee will be responsible to carry out minor repairs and maintenance to the said independent flat along with the fittings and fixtures at its own costs and keep everything in good condition. While major repairs like seepage, etc, shall be carried out by the Licensor.
That the Licensee shall not use the said premises or any part thereof nor permit the same to be used for any illegal, immoral or improper purposes nor shall do or cause to be done or permit or suffer to be done upon the said premises or any part thereof anything which may offend any status, law or notification, rules and regulations made by the Government or local authorities which may become a nuisance or annoyance or cause damage to the said premises or any part thereof or to the adjoining premises or which may affect the prejudicial interest of the Licensor. And also Licensee shall not store any hazardous chemicals, materials, articles etc, in the said independent flat, this will damage the property. In that event the Licensee shall be responsible to reimburse to the Licensor all costs, charges and expenses incurred by the Licensor in this regard.
The Licensee agrees to take normal care of the demised premises and all the Licensor’s fixture and fittings (wear and tear and loss or damage by fire, flood, earthquake, tempest, violence of any army or mob, Act of God or any other irresistible force or accident, exempted).
That the Licensee will use and enjoy the said independent flat without causing any nuisance either to the Licensor or any of the neighboring independent flats occupants.
The Licensee shall not do nor attempt to do or cause or suffer to be done anything which may or is likely to jeopardise or prejudice the interest of the Licensor as the owner of the said premises. It is expressly agreed that in the event of the statutory authorities raise any objection to the use of the said premises by the Licensee, the Licensee shall remove himself with family members, if any, along with articles and things forthwith from the said premises, without raising any objection of whatsoever nature and hand over the vacant and peaceful possession to the Licensor.
The Licensor shall not be responsible for any damage that may happen to the person or property whatsoever of the Licensee and / or his family members, servants, visitors, and invitees using the said premises for the time being by theft or damage, fire, rain, floods, leakage, bursting of water or electric wires castings or tubes or other installation in or about the said premises or by the giving way of any portion or portions of the flooring walls roof ceiling or any other part of the building or from any clause whatsoever.
The Licensee shall keep the interior of the said premises and the floors, walls, ceilings, doors, windows, electricity installations and other fittings and fixtures thereof in good repair and condition (reasonable wear and tear and damage by fire tempest and acts of God exempted) and shall repair, make good or replace any damage or breakage caused to the same or any part thereof. The Licensee is allowed to make suitable furniture in the premises suitable for his better occupation and name board on outside of premises.
It is hereby mutually agreed by and between the parties that after the initial license full period of 11 months, both the parties will have right to seek renewal of the license for a further period of 11 months on increment of 10% in monthly compensation.
If both the parties will have right to terminate this agreement by giving one month’s advance notice to the each other by writing or verbal. In case the Licensee fails to give such notice and wishes to terminate this license, in that event the Licensee is bound to pay one month’s compensation charges to the Licensor.
If the Licensee fails to observe and perform any of the terms and conditions and covenants of this agreement the Licensor shall be entitled to terminate this agreement forthwith without any notice.
The Licensor shall return the Security deposit by cash or demand draft to the Licensee simultaneously on receipt of the keys to the demised premises from the Licensee. In case the Licensor fails to return the Security deposit to the Licensee as stated above on the expiry of the license or on termination of the agreement then the Licensee shall not part with the keys of the demised premises and will not be liable to pay any license fee to the Licensor from the date of expiry/termination of the license.
In the event of Licensee not handing over the possession of the independent flat to theLicensor , on termination of this license either by efflux of time or its earlier, termination by the Licensor in terms of agreement, the Licensee will be bound to pay the triple amount of monthly compensation or the monthly license fees to the Licensor till the Licensor gets vacant possession of the said independent flat from the Licensee.
Without prejudice to the foregoing provisions and without prejudice to all or any other rights and remedies that may be available to the Licensor under this agreement, the Licensee agrees that the Licensor shall be entitled to recover possession of the said premises and avail the rights conferred by section 24 of the Maharashtra Rent Control Act, 1999.
If any dispute of difference shall arise between the parties hereto touching the interpretation of any provision hereof or otherwise, shall be referred to Arbitration and the Arbitration shall be governed by the Arbitration and Conciliation Act, 1996 and the venue of the Arbitration shall be at Aurangabad only. The courts in Aurangabad shall have the jurisdiction to entertain the same.

SCHEDULE –A
(Being the description of said independent flat)

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, Aurangabad, which independent flat totally admeasuring about XXXX sq.ft. (Approx.) and bounded as under: -

On or towards East: -

On or towards West: -

On or towards North: -

On or towards South: -

In witness with whereof the parties have signed hereunder on the date, month and the year first hereinabove written.

WITNESSES :-	LICENSOR
1)	(Mr.XXXXXXXXXXXX) Aurangabad. LICENSEE
2)	(Mr.XXXXXXXXXXXX) Aurangabad.

ANNEXURE –A

(List of furniture’s & fixtures)

SR.NO.	PARTICULARS	QUANTITY
1)
2)
3)
4)
5)

For more details please feel free to contact us.

LEGAL