A signature is a form of expressing one’s identity and also it is a representation of one’s consent, approval, or acknowledgment of facts. However, the same signature will not be enough to present documents as admissible evidence in court. It is this obstacle that makes it imperative to register a Leave and License Agreement at a Registrar office.
Once you have ensured that the documents possess the concerned digital signature and thumb impression, visit the Maharashtra e-Registration website. Enter the respective details and you are good to go.
Why Is Registration Important?
Nobody wishes to see oneself embroiled in a legal dispute. However, much faith one has in the judiciary, you cannot deny the stress and anxiety that comes with it, not to mention the year long trails! Mutual Agreements hence are very vulnerable when juxtaposed on the long term relationship one has to maintain with Licensor/Licensee. Rid yourself of all the risk by registering your Leave and License Agreements; after all it is what our law recommends as well as mandates.
Also, certain cases, where tenants refuse to move-out aren’t unheard of. It is a recurring problem with every landlord who might be wishing to renovate or paint the property but finds oneself in a fix due to the refusal of tenants to move out as per the cause notice. A problem as minor as that of moving out can hence be blown out of proportion to the disadvantage of both the landlord and the tenant. Leave and License Agreement is simply the perfect solution if one should find yourself embroiled in such a pickle! Also, a property in dispute ceases to be a financial security or a source of income, consequently reducing all your chances of turning a property into an asset.
Frequently Asked Questions (FAQs)
- What are the consequences of not registering a Leave and License Agreement?
Section 55 of the Maharashtra Rent Control Act, 1999, mandates the registration of a Tenancy or Leave and License Agreement. Failing to adhere the same can result in imprisonment up to three months and a penalty amounting to Rs. 5000.
2. Who is responsible for paying the Stamp Duty and e-Registration charges?
The Tenant or the Licensee is responsible for paying the Stamp Duty and the e-Registration charges. However, it is the Licensor who will be liable in the absence of a registration of the agreement. Hence, the landlord must ensure that the registration of the document is enforced.
3. Is Leave and License Agreement prevalent all over Maharashtra?
Unfortunately, no. Since Leave and License Agreements demand the parties to have a certain number of prerequisites, like Biometric device, web camera and Aadhaar account, it is yet to be successfully implemented across all parts of Maharashtra. Currently, Leave and License Agreements can be registered in the following cities-
- Mumbai Suburban district
4. Does e-Registration require the signatures of witnesses too?
Yes, both Tenancy Agreements and Leave and License Agreements mandate signatures of two witnesses. However, as mentioned earlier Leave and License Agreements only allow digital signatures and thumb impressions.
5. What if I don’t have an Aadhaar Account?
If you do not possess an Aadhaar account, we recommend you create one for it is now used by the government to dish out numerous subsidies and makes it necessary to benefit from Government policies. However, there is no hurry for you to create your Aadhaar account right away as one can still create a Rental/Tenancy Agreement, abiding the Maharashtra Rent Control Act, 1999.
6. How does one upload all the necessary documents?
Registration of a Leave and License Agreement requires the one to scan certain documents and upload them online, both address proofs and identity proofs.
Create Your Agreement By Logging In With Us!
Hoping that we have cleared all your doubts on the various aspects of e-Registration, here is a quick heads-up on how to make your Leave and License Agreement with LegalDesk –
- Click the ‘Create Document’ button below to start customizing your Agreement.
- Once you have entered the respective details like the name and address of Licensor and Licensee, ensure that there is a mutual agreement between the parties on the various clauses that go into the agreement.
- Pay the aforementioned amount and wait for our arrival (amount will include both Stamp Duty and e-Registration charges).
- We will register both your thumb impressions and digital signatures through our door-step service.
- Await an email from the Maharashtra Government validating your Leave and License Agreement.