LEAVE AND LICENSE AGREEMENT
This agreement is made and executed on 27/04/2021 at MUMBAI.
Between,
Ms. Tripti Kapoor, Aged: About 31 Years, PAN: ABCDE1234F, Residing at:45A, DHS, Lal
Bangla, Kanpur U.P. - 208 007. Hereinafter referred as ‘the Licensor’ (which expression shall
mean and include the Licensor above named and also his/her/their respective heirs, successors,
assigns, executors and administrators).
AND
Mrs Malti Dattatray Berde, Aged: About 75 Years, PAN: PQRST0987V, Residing at: B-1,
Gold Star, Block 2, Andheri West, Mumbai Maharashtra- 400 058. Hereinafter referred as ‘the
Licensee’ (which expression shall mean and include only Licensee above named).
WHEREAS the Licensor is absolutely seized and possessed of and or otherwise well and
sufficiently entitled to all that constructed 425 Square Feet Built-up area portion being
Residential unit bearing Apartment/Flat No. 63, Floor 6, Shriram Apartments, Dhindhoshi,
Malad East, Mumbai, District: Mumbai Sub-urban, Maharashtra - 400 097 and situated
within the limits of Mumbai Municipal Corporation. Hereafter for the sake of brevity called or
referred to as ‘Licensed Premises’ and is/are desirous of giving the said premises on Leave and
License basis under Section 24 of the Maharashtra Rent Control Act, 1999.
AND WHEREAS the Licensee herein is in need of temporary premises for Residential use
has approached the Licensor with a request to allow the Licensee herein to use and occupy
the said premises on Leave and License basis for a period of 24 Months commencing from
01/05/2021 and ending on 30/04/2023, on terms and subject to conditions hereafter appearing.
AND WHEREAS the Licensor have agreed to allow the Licensee herein to use and occupy the
said Licensed premises for her aforesaid Residential purposes only, on Leave and License basis
for above mentioned period, on terms and subject to conditions hereafter appearing;
NOW THEREFORE IT IS HEREBY AGREED TO, DECLARED AND RECORDED BY AND
BETWEEN THE PARTIES HERETO AS FOLLOWS: -
1) Period: That the Licensor hereby grants to the Licensee herein a revocable leave and license,
to occupy the Licensed Premises, described above without creating any tenancy rights or any
other rights, title and interest in favor of the Licensee for a period of 24 Months commencing
from 01/05/2021 and ending on 30/04/2023.
2) License Fee & Deposit: That the Licensee shall pay to the Licensor the following amount per
month towards the compensation for the use of the said Licensed premises.
a) Rs. 24000/-(Twenty-Four Thousand Only) per month for the first 12 months,
b) Rs. 26400/-(Twenty-Six Thousand Four Hundred Only) per month for the next 12 months.
The amount of monthly compensation License fee shall be payable within first five days of the
concerned month of Leave and License. Licensees shall also pay to the Licensor Rs. 100000
interest free refundable deposit, for the use of the said Licensed premises.
3) Payment of Deposit: That the Licensee have paid the above-mentioned deposit/premium as
mentioned above by Cheque No. 000000, dated – 23/04/2021, drawn on the Licensee’s Banking
Account with Other than the list Bank, ABC – Branch of Amount Rs.1,00,000/- (One Lakh
Only).
4) Maintenance Charges: That the all outgoings including all rates, taxes, levies, assessment,
maintenance charges, non-occupancy charges, etc. in respect of the said premises shall be paid
by the Licensor.
5) Electricity Charges: The Licensee herein shall pay the electricity bills directly for energy
consumed on the licensed premises and should submit original receipts to Licensor indicating
that the electricity bills are paid.
6) Use: That the Licensed premises shall only be used by the Licensee for Residential purpose.
The Licensee shall maintain the said premises in its existing condition and damage, if any,
caused to the said premises, the same shall be repaired by the Licensee at its own cost subject to
normal wear and tear. The Licensee shall not do anything in the said premises which is or is
likely to cause a nuisance to the other occupants of the said building or to the prejudice in any
manner to the rights of Licensor in respect of said premises or shall not do any unlawful
activities prohibited by State or Central Government.
7) Alteration: That the Licensee shall not make or permit to do any alteration or addition to the
construction or arrangements (internal or external) to the Licensed premises without previous
consent in writing from the Licensor.
8) No Tenancy: That the Licensee shall not claim any tenancy right and shall not have any right
to transfer, assign, and sublet or grant any license or sub-license in respect of the Licensed
Premises or any part thereof and also shall not mortgage or raise any loan against the said
premises.
9) Inspection: That, the Licensor shall on reasonable notice given by the Licensor to the
Licensee shall have a right of access either by himself / herself / themselves or through
authorized representative to enter, view and inspect the Licensed premises at reasonable
intervals.
10) Lock in period: Both the parties have agreed to set a lock-in period of 12 months during
which neither the Licensor shall ask the licensee to vacate the premises, nor the licensee shall
vacate the premises on his own during the lock-in period. In spite of this mandatory clause, if the
licensee leaves the premises for whatsoever reason, he shall pay to the Licensor license fee for
the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand,
Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he
has been asked to vacate the premises.
11) Cancellation: That, Subject to the condition of lock in period (if any), if the Licensee
commits default in regular and punctual payments of monthly compensation as herein before
mentioned or commit/s breach of any of the terms, covenants and conditions of this agreement or
if any legislation prohibiting the Leave and License is imposed, the Licensor shall be entitled to
revoke and/or cancel the License hereby granted, by giving notice in writing of one month and
the Licensee too will have the right to vacate the said premises by giving a notice in writing of
one month to the Licensor as mentioned earlier.
12) Possession: That the immediately at on the expiration or termination or cancellation of this
agreement the Licensee shall vacate the said premises without delay with all her goods and
belongings. In the event of the Licensee failing and / or neglecting to remove herself and / or her
articles from the said premises on expiry or sooner determination of this Agreement, the
Licensor shall be entitled to recover damages at the rate of double the daily amount of
compensation per day and or alternatively the Licensor shall be entitled to remove the Licensee
and her belongings from the Licensed premises, without recourse to the Court of Law.
13) Miscellaneous: If delay in payment of License fee, Licensor shall be entitled to terminate the
Agreement on immediate notice without prejudice to his right to claim interest at 18% p.a. from
date of default till payment. Pipe gas charges to be borne by Licensee. Licensee shall maintain
apartment at its own cost including white goods, woodwork, electrical, sanitary and permanent
installations in good condition and on expiration of this Agreement restore the premise in same
condition as was on commencement of Agreement subject to ageing including servicing of white
goods and cleaning subject to normal wear and tear. Move-in, Move-out, any prospective
charges pertaining to the above and amenities usage to be borne by Licensee. Either party can
terminate agreement by giving 1 month notice after completion of lock-in. Deposit will be
returned in 7 days of getting possession back from licensee after adjusting any unpaid rent,
bills, dues and repairs, if any.
14) Registration: This Agreement is to be registered and the expenditure of Stamp duty and
registration fees and incidental charges, if any, shall be borne by the Licensee and Licensor
equally.
IN WITNESS WHEREOF the parties hereto have set and subscribed their respective signatures
in the presence of witness, who are identifying the executants, on the day, month and year first
above written.
Place: Mumbai
Date: 27/04/2021
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LICENSOR LICENSEE
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WITNESS No. -1 WITNESS No. -2