LEAVE AND LICENCE AGREEMENT

This AGREEMENT OF LEAVE AND LICENCE is made and executed

at Pune on this ________ day of

BETWEEN

Mr. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
PAN: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Age : _ _ _ Years, Occupation : _ _ _ _ _
Residing at : _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
_______________________

hereinafter for the sake of brevity and convenience, called to and

referred as the ‘LICENSOR’ (which expression, unless it be repugnant
to the context or meaning thereof, shall be deemed to mean and
include her legal heir/s, administrator/s, representative/s, and assign/s,
etc.) …PARTY OF THE FIRST PART

AND

Mr. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
PAN: _ _ _ _ _ _ _ _ _ _ _ _ _ _
Age : _ _ _ Years, Occupation : _ _ _ _ _
Residing at : _ _ _ _ _ _ _ _ _ _ _ _ _ __ _
_______________________

hereinafter for the sake of brevity and convenience, called to and

referred as the ‘LICENSEE’ (which expression, unless it be repugnant
to the context or meaning thereof, shall be deemed to mean and
include his legal heir/s, administrator/s, representative/s, and assigns,
etc.)…PARTY OF THE SECOND PART

WHEREAS the Licensor is the absolute Owner of the property

bearing Flat No. _ _ _ _, admeasuring _ _ _ _ _ _ Meters on the _ _ _
_ _ _ floor in the building constructed on all that piece and parcel of
land bearing, (hereinafter for the sake of brevity and convenience called
to and referred as the ‘said Flat’), which is more particularly described
in Schedule written hereunder, and is well possessed of and sufficiently
entitled to the said Flat.

AND WHEREAS the Licensor is interested in giving the said Flat

on ‘Leave and Licence’ basis. The Licensee is in need of acquiring a
suitable accommodation on ‘Leave and Licence’ basis and hence,
approached the Licensor with a proposal of acquiring the said Flat on
‘Leave and Licence’ basis.

AND WHEREAS after due discussions and negotiations, the

Licensee agreed to pay the agreed licence fee by virtue of keeping
post- dated cheque/s deposited with the Licensor and agreed to honour

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the same on their due date/s and agreed to keep deposited certain
amount with the Licensor as an Interest Free Security Deposit for
observance of the terms and conditions of the present Agreement and
assured and promised to use the said Flat with utmost care.

AND WHEREAS the Licensee represented, assured and

promised to the Licensor that the use and occupation of the said Flat
allowed to be made as hereinafter stated will not amount to a tenancy
and will not create any tenancy or other similar rights in favour of the
Licensee and that at no point of time the Licensee shall claim any such
right in respect of the said Flat.

AND WHEREAS relying on the basis of representations made

by the Licensee above and believing the same to be true, the Licensor
has agreed to give the said Premises on ‘Leave and Licence’ basis to
the Licensee and the Licensee has agreed to take the said Premises on
‘Leave and Licence’ basis, upon certain terms and conditions, which
are more particularly described in this Agreement.

NOW THIS LEAVE AND LICENCE AGREEMENT WITNESSES AND

it is hereby agreed by and between the parties hereto as follows:

Article 1 : GRANT OF LICENCE

1.1 The Licensor do hereby grants a licence to the Licensee to use

and occupy the said Flat, which is more particularly described in
Schedule written hereunder, for a period of 36 months from _ _ _ _ _ _
_ to _ _ _ _ _ _ _ _ _(hereinafter referred to as the ‘licensed period’) for
use and occupation for residential purposes only.

1.2 The Licensor and the Licensee make it clear that the sole and
actual intention behind entering into this Agreement, is of transaction of
granting permission of licence by the Licensor to the Licensee for the
licensed period only, in respect of the said Flat. It is a grant of licence
within the meaning of Section 52 of Indian Easements Act. Under any
circumstances, the present Agreement should not be construed as
creation and / or the transfer of right, title and interest including tenancy
in favour of the Licensee. On the contrary, the Licensee is allowed to
temporarily use and occupy the said Flat for the said licensed period
only.

1.3 The Licensee shall use the said Flat for its _ _ _ _ _purposes
only and shall not use the same for any other purpose. The Licensee
shall not assign or create sub-licence or part with use and occupation of
the said premises or any part thereof during the continuance of this
licence. The said Flat is given to the Licensee on individual basis and
the Licensee shall not be entitled to transfer the benefits of this
Agreement to anybody else. The Licensee shall not induct any third
party or part with possession of the said Flat to any third party or person
in any manner whatsoever nor shall the Licensee transfer the benefits

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of this agreement in favour of third party. Nothing in this Agreement
shall be deemed or construed to grant lease and / or any interest of
whatsoever nature in the said Flat to the Licensee and the Licensee
hereby agrees and undertakes that no such contention/s shall be taken
up by the Licensee at any time.

1.4 The Licensee shall not be entitled to mortgage the said premises
howsoever, for availing any financial assistance or otherwise, during the
term of the licence. The Licensee shall not create any type of charge
and / or encumbrance/s of whatsoever nature, upon the said Flat.

1.5 It is further specifically agreed by the Licensee that during the

subsistence of this Agreement, the Licensor shall be entitled to sell
and / or assign the said Flat to a third party purchaser without
prejudicially affecting the licence herein granted.

Article 2 : DEPOSITS / LICENCE FEES / OTHER CHARGES

2.1 In consideration of the Licensor granting the licence to the

Licensee to use and occupy the said Flat, the Licensee shall be liable
to pay to the Licensor, on or before the 5 th day of each month, in
advance, a compensation / licence fee subject to deduction of income
tax at source (TDS), if any applicable in the following manner

License period License fee

_ _ __ _ _ to _ _ _ _ _ __ _ Rs_ _ _ _ _ _ _ _ _ _ _ _/-

_ _ __ _ _ to _ _ _ _ _ __ _ Rs_ _ _ _ _ _ _ _ _ _ _ _/-

_ _ __ _ _ to _ _ _ _ _ __ _ Rs_ _ _ _ _ _ _ _ _ _ _ _/-

. The Licensee, towards the liability arising out of the present

transaction, has handed over the post dated cheque/s on local bank for
the monthly licence fee and has assured and promised to honour the
said cheque/s on their due date/s.

2.2 If the Licensee fails to pay the said monthly license fee and / or
honour the said cheque/s, on its due date, the Licensee shall be liable
to pay interest thereon @ 24% per annum.

2.3 The charges for electricity consumption as and when they

become due in the said licensed Flat, shall be paid by the Licensee to
the concerned authority (i.e. electricity company) and the Licensor shall
not be responsible for the same. In case of any arrears on account of
non-payment of the said electricity charges and / or delay in payment of
the same, the Licensor shall have the right to adjust the said amount
against the said Security Deposit and pay the charges to the concerned
authority / ies.

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2.4 The Licensor shall bear and pay all municipal rates, taxes,
cesses, and assessments and other charges and / or outgoings
payable in respect of the said Flat during the licensed period.

2.5 The Licensee shall bear and pay the society maintenance
charges and non-occupancy charges, if any, in respect of the said Flat
during the licensed period. It has been specifically agreed by the
Licensee that he shall pay the society dues on or before 10 th of each
month.
2.6 It is clarified that in case of the repairs necessitated by reason of
any fault or negligence or act of commission or omission on the part of
the Licensee, then such repairs shall be carried out by the Licensee at
the Licensee’s own cost and expenses. It is specifically agreed
between the parties that if any damage/s or loss/es is/are caused due
to any act of the Licensee and / or his family member/s, then the
Licensor is entitled to get indemnified himself/herself by deducting the
said amount/s or outstanding amount/s from the said Security Deposit
kept with the Licensor and / or by filing a suit for recovery of the same
or by taking the necessary legal action/s against the Licensee in the
appropriate court of Law.

2.7 The Licensee hereby specifically agrees that in case if he

intends to terminate the licence before the licensed period, he shall be
liable to pay an amount equivalent to two month’s licence fee to the
Licensor, for early termination of the licence.

2.8 The Licensee has kept deposited with the Licensor, for due
observance and performance of the terms and conditions of this
Agreement, a sum of Rs. _ _ _ _ _ _ _ _ _ _ __ __/- (Rupees _ _ _ _ _
_ _ _ _ _ _ __ _ only), as and by way of refundable interest free
Security Deposit, which shall be refunded / returned by the Licensor to
the Licensee against vacation of the said Flat and after adjustment of
pending dues payable by the Licensee in accordance with the terms of
this Agreement. The Licensor hereby admits, acknowledges and
confirms to have received from the Licensee herein the amount of the
said Security Deposit. The Security Deposit shall not carry interest
during the period of licence.

2.9 The Licensee shall not be entitled to claim any adjustment in the
said Security Deposit, for expenses incurred on renovation and
refurbishment of the said Premises carried out by it.

2.10 The Licensee shall pay GST applicable on the Licensee fee and
shall deposit the same with the competent Authority.

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Article 3 : LICENSEE’S ENTITLEMENTS

3.1 The Licensee shall be entitled, with prior written permission of

the Licensor, to carry out the alteration, modification and interior
changes for effectively using the said Flat by the Licensee.  However,
all such renovation / changes shall be made by the Licensee at his own
cost.

3.2 The Licensee shall have the right to use the Car Parking Space
earmarked in the Parking Lot.

3.3 At the time of vacating the said Premises, the Licensee shall be
entitled to remove and take back all their belongings,.

3.4 The Licensee shall be entitled to display their name board,

however, in such a fashion so as not to cause any hindrance /
obstruction whatsoever in the decorum of the building and as per the
rules and regulations of the Pune Municipal Corporation. The charges,
if any, levied in respect of such board/s by any authority / ties, shall be
borne and paid by the Licensee.

Article 4 : LICENSEE’S COVENANTS

4.1 The Licensee shall not make any alterations, additions or

modification in or to the said Flat, which may affect a pillar or beam or
RCC element of the superstructure.

4.2 The Licensee covenants that they shall use the said Flat with all
necessary care and diligence as an ordinary man of prudence, so as
not to cause any damage to the said Flat.

4.3 The Licensee shall not use the said Flat or any part thereof nor
permit the same to be used for any illegal, immoral or improper
purposes nor shall he do or cause or permit or suffer to be done
anything in or upon the said Flat or any part thereof, which may amount
to any breach of or offence under any provisions of law or notification,
rules or regulations or which may cause damages to the licensed
Premises or any part thereof or to the adjoining premises or which may
prejudicially affect the right, title and interest of the Licensor in respects
of the said Flat.

4.4 It is specifically agreed and undertaken by the Licensee that the

Licensee shall get his belongings including his furniture and equipment
comprehensively insured and that if any damage/s / loss/es is caused
to the same, the Licensor shall not be liable and responsible for the
same.

4.5 The Licensee hereby covenants with the Licensor that the
Licensee shall at all times hereafter well and sufficiently indemnify and
keep indemnified and save harmless the Licensor against all actions,

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proceedings filed, taken, instituted or made against or incurred, paid or
sustained by the Licensor due to or by reason of the Licensee making,
committing, causing or permitting to be made or committed any default
or breach in respect of non-observance or non-compliance with any of
the provisions of this Agreement.

4.6 Notwithstanding anything contained herein, the use of the said

premises hereby allowed by the Licensor, is and shall be strictly on the
basis as permitted under Section 24 of the Maharashtra Rent Control
Act, 1999 as amended upto date and the Agreement of License herein
contained shall be conclusive evidence that the premises is given on
Leave and Licence basis only. Without prejudice to the foregoing
provisions and without prejudice to any other rights or remedies which
may be available to the Licensor in pursuance of this Agreement, the
Licensee agrees that if the Licensor so desire, he shall be entitled to
avail of the right conferred by section 24 of the Maharashtra Rent
Control Act, 1999 as amended upto date and the Licensee will not be
entitled to challenge the jurisdiction of the Competent Authority in any
manner whatsoever.

4.7 It is agreed by the Licensee that they shall not cause any
nuisance or annoyance to the occupiers of the neighbouring Flat/s and
shall not store any hazardous goods in the said licensed Flat and the
said Flat shall be kept clean and in good condition.

4.8 This Agreement shall never be construed as any tenancy

agreement or lease agreement or otherwise creating any other right or
interest in said licensed premises in favour of the Licensee, which is not
at all the intention of the parties, but on the contrary, constitutes merely
temporary agreement or arrangement only to allow the Licensee to use
the said Flat for residential purpose only.

4.9. It is specifically agreed between the parties that if any damage/s

or loss/es is / are caused due to any act of the Licensee and / or its staff
or visitors, apart from the normal wear and tear and / or if the Licensee
is found to be in arrears, then the Licensor is entitled to get indemnified
himself /herself by deducting the said amount or outstanding amount/s
from the said Security Deposit kept with the Licensor and / or by filing a
suit for recovery of the same.

4.10 It is specifically agreed and undertaken by the Licensee that the

Licensor shall not be responsible for any damage/s / loss/es caused to
the belongings of the Licensee.

4.11 The Licensee is permitted to use the said premises, as a

reasonable man or ordinary prudence and for the purpose of its lawful
and business activities only and the Licensee should not cause any
loss or damage to these fixtures and fittings and the said premises.

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Article 5 : LICENSOR’S ENTITLEMENTS

5.1 The Licensee hereby covenants that the Licensor or his/her

authorised representative/s shall have right to enter, inspect or verify
the said Flat during the licensed period, with due prior notice.

5.2 The Licensor shall not be responsible or liable for any theft, loss,
damage or destruction of any property of the Licensee lying in the said
Flat or in the said building nor for any bodily injury to the Licensee or his
family member/s in the said Flat or in the said building from any cause
whatsoever.

Article 6 : LICENSOR’S COVENANTS

6.1 The Licensor has represented and assured to the Licensee that
the Licensor is well possessed of and sufficiently entitled to the said
Premises and is competent to give the same to the Licensee on ‘Leave
and Licence’ basis and to enter into this Agreement. Further, the
Licensor covenants, assures and represents to the Licensee that the
title of the Licensor in respect of the said Flat is clear and marketable
and free from all encumbrance/s of whatsoever nature. The Licensor
assures, declares and confirms that the Licensor has not created any
encumbrance/s upon the said Flat by way of any written or oral
agreement, lease, any other leave and license, lien, charge, gift,
mortgage etc. and the said Flat is not a subject-matter of any litigation
or decree in any competent court.

6.2 Licensor has represented and warranted that the Licensor shall
not do anything, which shall prejudicially affect the Licensee’s use and
occupation of the said Premises during the licensed period.

Article 7 : TERMINATION / BREACH AND ITS CONSEQUENCES

7.1 The present licence agreement shall stand automatically

terminated on the expiry of the licence by efflux of time.

7.2 The Licensor shall be entitled to terminate / revoke this

Agreement, by giving to the Licensee not less than 30 days prior notice
thereof in writing if :

(a) The Licensee commits any breach of terms and

conditions mentioned in this Agreement.

(b) The Licensee commits default in payment of the license

fee and / or any other charge/s / taxe/s to the appropriate
authority/ies.

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 (c) The Licensee uses the said premises for the purpose
other than the purpose/s mentioned hereinabove and / or
attempts or intends to transfer the right to any third
party/ies.

(d) The Licensee carries on any illegal or invalid activity/ies in

the said Flat.

(e) The Licensee causes any nuisance or annoyance to the

residents / occupiers of the neighbouring flat/s.

(f) The Licensee stores any hazardous goods in the said

Premises and if the said Flat is not kept clean and in good
condition.

7.3 Notwithstanding anything contained hereinabove, it is specifically

agreed by and between the Parties that the Licensor shall be at liberty
to terminate the present Agreement, without assigning any reason
thereof, by giving 60 days prior written notice to the Licensee to that
effect.

7.4 The Licensee shall be entitled to terminate the present

Agreement by giving to the Licensor not less than 60 days notice,
however, he shall have to pay the licence fees for two more months as
mentioned above.

7.5 It is hereby agreed between the parties that immediately on the

termination of this license or on revocation thereof, the Licensee shall
hand over to the Licensor vacant and peaceful possession of the said
Flat, without any delay, damage, demur or hindrance. If the Licensee
fails to comply with any of such notice of revocation or termination and
fail to give peaceful possession of the said Flat to the Licensor, the
Licensor shall be entitled to remove and / or cause to be removed the
belongings of the Licensee without being liable in any manner
whatsoever for any damage/s, loss/es or any other liability/ies that may
be caused to remove the same from the said Flat. Further, it is agreed
by the Licensees that if the Licensee fails to comply such notice, and
fails to hand over the vacant and peaceful possession, then in such
event, the possession of the Licensee in the said premises would be
treated as that of a trespasser and the Licensee shall be liable to pay a
sum of Rs.500/- for each such day of possession as a trespassers, to
the Licensor, in addition to the agreed monthly compensation.

7.6 On the expiry or sooner termination of the licence as provided in

this Agreement, the Licensee shall hand over vacant and peaceful
possession of the said Flat to the Licensor and the Licensor shall return
and refund to the Licensee the Security Deposit subject to retention
money and other deduction/s, as specified in this Agreement.

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Article 8 : NOTICE

8.1 Any notice / letter required to be served by one party to another

in pursuance of this Agreement shall be in writing and shall be
sufficiently served upon the other if sent to them by Registered Post
A.D. or personally delivered at the respective address mentioned
above.

8.2 Any notice so given, shall be deemed to have been given on the
date of its delivery. Any change in address by either Party must be
promptly notified to the other Party hereto for the purpose of this clause.

Article 9 : RENEWAL

9.1 At the expiry of the licence period by efflux of time, the parties
herein, by mutual consent, may offer to renew the licence for such
further period, as may be mutually decided, by executing and
registering a fresh leave and licence agreement. The licence fee for
such further renewal term may be mutually agreed by and between the
Parties.

Article 10 : FORBEARANCE

10.1 No forbearance, indulgence, relaxation or inaction by the parties

at any time to require the performance of any provision of this
Agreement, shall in any way affect, diminish, or prejudice the right of
the parties to require the performance of that or any other provision/s of
this Agreement.

Article 11 : PARTIAL INVALIDITY

11.1 If at any time, any provision of this Agreement shall become or

be held illegal, invalid or unenforceable in any respect under any law,
then the legality, validity or enforceability of the remaining provisions
shall not, in any way be thereby affected or impaired.

Article 12 : JURISDICTION

12.1 The competent court/s at Pune shall have exclusive jurisdiction

to try and decide the dispute / difference, if any, by and between the
parties.

Article 13 : STAMP DUTY

13.1 The stamp duty and registration charges payable on this

Agreement and other incidental charges have been borne by the
Parties in equal proportion. After execution, the Parties shall register
the present agreement before the sub registrar of assurances and the
Licensor shall maintain the original agreement and Licensee shall have
the certified copy of the same.

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Article 14 : COUNTERPARTS

14.1 The parties hereto shall take steps to register this Agreement
with the Sub Registrar of Assurances at Pune. It is hereby expressly
agreed by and between the Parties that the Licensee would be
presenting the present Agreement for registration before the concerned
Registrar of Assurances and he shall inform the Licensor 8 days in
advance to remain present at the time of registration and to admit the
execution of the present Agreement before the concerned Registrar of
Assurances. The Licensee undertakes to lodge the present Agreement
for registration within four months from the date of execution hereof.
The original of this Agreement will be retained by the Licensor and the
Licensee shall have the copy of the same.

SCHEDULE
(Description of the Licensed Premises)

Flat No. _ _ _ _, admeasuring _ _ _ _ _ _ Meters on the _ _ _ _

_ _ floor in the building constructed on all that piece and parcel of land
bearing.

IN WITNESS WHEREOF the parties hereto have set and

subscribed their respective hands and common seal the day, month
and year first hereinabove written.

Signed and delivered

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by the within named

(LICENSOR)

Signed and delivered

by the within named
(LICENSEE)

In the presence of the Witnesses :

1. Signature

Name

Address

2. Signature

Name

Address

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