Rent Receipt format

As per Indian Stamp Act, 1899, schedule-1 / 53, receipt for money or other property the amount or value of which exceeds Five Thousand rupees must have revenue stamp of 1 Rupee.

Rent Receipt

Received with thanks Rs.______ from the licensee Mr./ Mrs. ________ as license 

fee for the month of _______ year ______ for using licensed premises (flat/building 

no.______ housing society, Pune) for that period.

                                                                                                        Stick here
                                                                                                        One Rupee
                                                                                                         Revenue 
                                                                                                         Stamp

Date:_____                                                                                      Licensor’s Sign:
Place:_____  

Power Of Attorney

What is it?

The provision regarding power of attorney, are nothing but extension of the

principle of agency. The delegation powers has become the need of the hour

because life has become complex and fast requiring a person to do many things

in a short time, as well as simultaneously. This is not practicable . Hence,

delegation of powers[comes into pictures].This situation gives rise to the concept

of agency.

The section 182 of the contact Act defines the words ‘Agent’ and ‘Principal’ as

follows;-

An agent is a person employed to do any act for another or to represent another

in dealings with third person ;the person for whom such act is done or who is so

represented ,is called the ‘Principal’.

Thus an agent is the connecting link between the principal and third person . This

intermediately  has the power to create legal relationship between the principal

and third parties. The relationship of principal and agent  arises where the

principal gives consent that the agent a shall act on his behalf, 111and the agent

consents so as to act.

Essential features of principal and agent[attorney]

 The relationship between principal[ done of powers]and agent[ attorney]  is a

sort of contractual  relationship

There are some essential features at this contractual relationship;-

Principal must be competent to contract, section 183 of the contract Act clearly

provides that any person who is of the age of majority according to the law to

which he is subject, and who is of sound mind, may employs an agent. This does

mean that a minor cannot a employ an agent. Any such appointment of an agent

by a minor is void

Any person may become an agent. Full contractual capacity is not necessary to

enable a person to represent another as agent. An infant can be an agent. But

since he is incompetent to contract, he will not be responsible to his principal

Though, for a contract to be effectual there must be an element at consideration

,no consideration is necessary to create an agency.

Representative character and derivative authority is the distinguishing features of

an agency.

Concept of Leave and License

The law relating to letting of premises or giving it on license has
evolved through different stages during the last move than hundred
years. Previously, the relations between the landlord and tenant
were governed by the Transfer of Property Act,1882, Ss. 105 to
117, and the provisions regarding the license were governed by
The Indian Easements Act,1882. As the situation changed these
provisions were found to be inadequate. The new situation created
by the acute shortage of housing accommodation prompted the
then lawmakers to rethink about the prevailing provisions.And thus
the first enactment controlling the rent and housing
accommodation came into force in 1918.

In 1939 , the Bombay Rent Registration Act was enacted. In 1944,
the Bombay Rents, Hotel Rates and Lodging House Rates(control)
Act came into force. The Acts of 1939 and 1944 were repeated
by S.50 of the Bombay Rents,Hotel and Lodging Rates Control
Act, 1947, which was enacted in January 1948.

Finally,Maharashtra Rent Control Act, 1999 came into force with
the unification of three laws prevalent in different parts of
Maharashtra. The present provisions regarding the leave and
license agreement are governed by this 1999 Act though the
Indian Easement Act's S.52 defines the term license.
    
The section 52 of the Indian Easements Act defines a license as:
Where one person grants to another,or to a definite number of
other persons, a right to do or continue to do, in or upon the
immovable property of the granter, something which would,in the
absence of such right,be unlawful and such right does not amount
to an easement interest or an interest in the property, the right is
called a license.

This definition makes it clear that when a document gives only a
right to use the property in a particular way or under certain terms
while it remains to possession and control of the owner thereof,
it will be a license.

The provisions regarding the eviction of a licensee are in chapter 8,
of the Maharashtra Rent Control Act, 1999.

What is the legal provision for cancellation of registration of an agreement including a leave - licence agreement?

Q) What is the legal provision for cancellation of registration of an agreement including a leave - license agreement?

A) There is no provision in the Registration Act - 1908 for cancellation of

registration of an agreement including a leave - licence agreement There are two ways by which an agreement is discontinued.

An agreement is the law for the parties to that agreement.On the basis of the provisions in the agreement any party or parties to the agreement,as the case may be, can decide to discontinue the agreement by giving notice to the remaining party or parties.The period of notice is normally given in the agreement.

An agreement gets discontinued when the purpose or the time period

of the agreement is over.Registration goes along with the agreement registered. If the agreement itself is not in existence, no question of registration arises.It no longer exists.

Power of Attorney

          The document of Power of Attorney comes into existence when a person, for whatever reason, delegates his power to sign a document or to do a particular thing or things to another person in writing. The person who delegates his power is called Principal,and the person to whom the power is delegated is called Attorney. Attorney is a sort of an agent.

The document creating a Power of Attorney is required by law to be registered. If the principal is out of India and the Power of Attorney is executed there , then it should be presented for registration within four months after its arrival in India. If the principal at the time of executing the Power of Attorney does

not reside in India, a Power of Attorney executed before and authenticated by a Notary Public, or any court Judge, Magistrate, Indian councilor representative of the Central Government, shall alone be recognized.

This provision makes it clear that a Power of Attorney executed outside India will be accepted for registration in India only if it is executed before and authenticated by any of the authorities

Mentioned above.

Anulom Online Leave and License registration process

Why Registration of Leave and Licence Agreement is important?

Any agreement for leave and licence has to be in

writing and it is mandatory to register the agreement.

The responsibility of getting such agreement registered

shall be on the licensor .

Any licensor who contravenes these provisions ,is liable to

be  punished with imprisonment up to three months 

or with fine up to Rs. five thousand or with both.

The section relating to this provision in The Maharashtra

Rent Control Act _ 1999 reads as follows :

  Sec.55 ( 1) Notwithstanding anything contained in this Act

 or any other law for the time being in force , any agreement

 for leave and licence or letting of any premises entered

 into between the landlord and the tenant or the licensee,as

 the case may be ,after the commencement this Act shall be in

 writing and shall be registered under the Registration Act

 1908.

Also see: Government appointed Competent Authority 
for conflict resolution in Leave and License

  Sec.55(2) The responsibility of getting such agreement

 registered shall be on the landlord and in the absence of

 the written registered agreement the contention of the

 tenant  about the terms and conditions  subject to which 

 a premises have been given to him by the landlord on leave

 and licence or have been let to him,shall prevail,unless

 proved otherwise.

 Sec.55(3)Any landlord who contravenes the provisions of this

 section shall,on conviction be punished with imprisonment

 which may extend to three months or with fine not exceeding

 Rs.5000/- or with both.

Considering these provisions it is advisable to register leave and licence agreement .

Also see: Online registration of leave and license agreement

The summary of the provisions

(1)  Registration of leave and licence agreement is mandatory

(2)   The unregistered document has no legal value, and as such,in case

of a dispute going to the court of law it will not be taken as evidence. 

(3) Notarisation of the documents which are mandatory to be registered

has also no legal value and therefore they are not admissible in evidence.

(4)the licensor may have to face a criminal case if he does not register

the leave licence agreement,