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  • What are Leave and License agreements?

    A Leave and License Agreement is a legal agreement governed by the Indian Easements Act 1882. Through this agreement, a lessor, a licensor, or the owner of a property, allows a lessee, a licensee, or a rental occupant to reside or occupy their property for a specific period without any change in the right to the property. The term lessor and lessee mean the owner of a property and the rental occupant of the said property, respectively. The Leave and License Agreement binds the lessor and lessee in terms of the security amount, rent amount, stay duration, and other payables for the use of the property. A distinct characteristic of the Leave and License Agreement is that there is no transfer of interest from the owner to the rental occupant. Also, no property right is created for the rental occupant. The Licence fee amount, deposits, and other fee amounts can be contractually determined by the owner and the rental occupant individually. Typically, a Leave and License Agreement is made for eleven (11) months.

  • What is an electronic Signature (e-sign) or Digital signature?

    An electronic signature, also known as an e-signature or digital signature, is a way of signing a document electronically. It uses technology to apply a signature to an electronic document, such as a PDF or word document, in the same way that a traditional, handwritten signature would be applied to a paper document. Digital signatures use cryptographic techniques to ensure the authenticity of the signature and the integrity of the document.

    A digital signature typically includes a combination of the signer's name or initials, a timestamp, and a unique identifying number that links the signature to the signer. It also includes a public key infrastructure (PKI) certificate that verifies the signer's identity and the authenticity of the signature. The certificate is issued by a trusted third-party certificate authority (CA), which verifies the identity of the signer and confirms that the signature is valid.

    Digital signatures are legally binding and have the same legal weight as traditional, handwritten signatures. They are widely used in various fields like e-commerce, egovernance, e-filing, e-procurement, etc

    *It is important to note that not all electronic signature is considered digital signature, only the one that uses digital signature technology and is verified by a trusted third-party certificate authority (CA) can be considered as a digital signature.*

  • What are the benefits that One can Procure out of a LEAVE AND LICENCE AGREEMENT ?

    An agreement of leave and license is a contract between the licensor and the licensee, whereby the licensor grants the licensee the right to use a premises for a specified period. The contract is typically for a 11-month period, with an option to renew for another 11 months. It is chiefly of two types Rental Agreement and Residential Lease

    Benefits of a leave and license agreement are as follows

    • Ease of transfer of possession - such an agreement makes eviction and/or general vacation of the property by the lessee an efficient and time-saving process due to the temporary nature of the agreement.
    • Permission is granted, not ownership rights – such an agreement is a formalized method of granting permission to the lessee by the landlord for the use of such property (generally for non-commercial use), no ownership rights are available to the lessee.
    • No rights to property are granted – the lessee receives no rights to ownership of the property, he/she may not make any permanent changes to the property which may negatively impact its valuation.
    • No transfer of interest – the lessee in whose favour the agreement is executed cannot transfer his interest to any third party for any purpose.
    • Governed under the Indian Contract Act – disputes concerning such agreements, are subject to provisions of the Indian Contract Act and the matter itself is subject to the jurisdiction of the courts in the area where the property is located.
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