Leave and licence agreement (Maharashtra)

Who uses it and when

The full template

Words in [BRACKETS] are blanks. Fill them in below or after you copy it — nothing you type is sent anywhere.

LEAVE AND LICENCE AGREEMENT

This Leave and Licence Agreement is made at [CITY], Maharashtra, on [DATE OF SIGNING].

BETWEEN

[LICENSOR FULL NAME], aged about [LICENSOR AGE] years, residing at [LICENSOR ADDRESS], PAN [LICENSOR PAN] (the "Licensor")

AND

[LICENSEE FULL NAME], aged about [LICENSEE AGE] years, whose permanent address is [LICENSEE PERMANENT ADDRESS], identity document [LICENSEE ID TYPE AND NUMBER] (the "Licensee").

The Licensor owns flat no. [FLAT NUMBER] on the [FLOOR] floor of the building known as [BUILDING NAME], [SOCIETY NAME], situated at [FULL ADDRESS WITH PINCODE], with a carpet area of about [CARPET AREA] square feet and [PARKING DETAILS] (the "Licensed Premises"). The Licensee has asked to use the Licensed Premises on leave and licence for residence, and the Licensor has agreed on the terms below.

1. GRANT OF LICENCE
1.1 The Licensor grants the Licensee leave and licence to use and occupy the Licensed Premises for residence only.
1.2 This agreement creates a licence and not a lease or tenancy. The Licensee gets no interest in the Licensed Premises, and the legal possession remains with the Licensor.

2. PERIOD
2.1 The licence is for [LICENCE PERIOD IN MONTHS] months, from [START DATE] to [END DATE].
2.2 The licence may be renewed only by a fresh written agreement, registered as required by law.

3. LICENCE FEE
3.1 The licence fee is Rs. [MONTHLY FEE IN FIGURES] (Rupees [MONTHLY FEE IN WORDS] only) per month, payable in advance on or before the [DUE DAY] day of each month by [MODE OF PAYMENT].
3.2 [OPTIONAL: For the period from [ESCALATION DATE], the fee will be Rs. [ESCALATED FEE] per month.]

4. SECURITY DEPOSIT
4.1 The Licensee has paid an interest-free refundable deposit of Rs. [DEPOSIT IN FIGURES] (Rupees [DEPOSIT IN WORDS] only) by [DEPOSIT MODE AND REFERENCE], which the Licensor acknowledges.
4.2 The Licensor will refund the deposit on the day the Licensee hands back the Licensed Premises and keys, less only unpaid fees, unpaid bills and the cost of repairing damage beyond normal wear and tear, each supported by a bill.

5. CHARGES
5.1 Society maintenance charges will be paid by the [LICENSOR OR LICENSEE]. Property tax and any society levy will be paid by the Licensor.
5.2 Electricity, piped gas, internet and similar charges for the period will be paid by the Licensee as per actual bills.

6. USE AND CONDUCT
6.1 The Licensed Premises will be used for residence by the Licensee and [OTHER OCCUPANTS] only.
6.2 The Licensee will not sublet, transfer or part with possession of any part of the Licensed Premises.
6.3 The Licensee will follow the bye-laws and rules of the society and will not cause nuisance to other members.

7. REPAIRS AND ALTERATIONS
7.1 Structural repairs and major repairs are the Licensor's responsibility. Day-to-day minor repairs up to Rs. [MINOR REPAIR LIMIT] are the Licensee's responsibility.
7.2 The Licensee will make no structural addition or alteration.

8. LOCK-IN AND EARLY TERMINATION
8.1 Neither party will end the licence in the first [LOCK-IN MONTHS] months.
8.2 After that, either party may end the licence by [NOTICE MONTHS] month(s) written notice.

9. RETURN OF THE PREMISES
On expiry or earlier termination, the Licensee will hand back the Licensed Premises with the fittings listed in the Schedule, in the same condition subject to normal wear and tear.

10. INSPECTION
The Licensor may inspect the Licensed Premises at a reasonable hour after giving [INSPECTION NOTICE HOURS] hours' notice.

11. POLICE INTIMATION
The Licensor will give the local police station the tenant information required by the police, and the Licensee will provide the documents needed for it.

12. REGISTRATION AND STAMP DUTY
12.1 This agreement will be registered as required by section 55 of the Maharashtra Rent Control Act, 1999.
12.2 Stamp duty and registration charges will be borne by [LICENSOR, LICENSEE OR SHARED EQUALLY].

13. NOTICES AND JURISDICTION
Notices will be sent to the addresses above or by email to [LICENSOR EMAIL] and [LICENSEE EMAIL]. Courts at [CITY] will have jurisdiction.

SCHEDULE: FITTINGS, FIXTURES AND METER READINGS
1. [ITEM, QUANTITY AND CONDITION]
2. [ITEM, QUANTITY AND CONDITION]
3. [ITEM, QUANTITY AND CONDITION]
Meter readings on [START DATE]: Electricity [READING], Gas [READING]

Signed on the date and at the place first written above.

LICENSOR: ______________________   LICENSEE: ______________________
[LICENSOR FULL NAME]                 [LICENSEE FULL NAME]

WITNESSES
1. Name: [WITNESS 1 NAME]   Address: [WITNESS 1 ADDRESS]   Signature: ____________
2. Name: [WITNESS 2 NAME]   Address: [WITNESS 2 ADDRESS]   Signature: ____________

This is a sample, not legal advice. Have a lawyer review it for your state and your deal before anyone signs.

What to check, clause by clause

Numbered as they appear in the template.

How to complete it

In the order it happens.

1. 1

   Agree the fee, deposit, period, lock-in and charges.

2. 2

   Fill in every blank and delete optional lines you have not agreed.

3. 3

   Register the agreement online through the Maharashtra registration department or at the sub-registrar office, paying the stamp duty and registration fee.

4. 4

   Give the local police the tenant information they require.

5. 5

   Sign the fittings schedule with photographs and meter readings on the day of moving in, and keep the registered copy safely.

Questions people ask

Sources

• Maharashtra Rent Control Act, 1999, section 55 (leave and licence agreements to be in writing and registered)
• Indian Easements Act, 1882, section 52 (definition of licence)
• Registration Act, 1908
• Department of Registration and Stamps, Government of Maharashtra (igrmaharashtra.gov.in)
• Maharashtra Stamp Act (duty on leave and licence agreements)