If you want to read more on below topic just click on it.
Registration of leave and license is mandatory.
Registration of leave and license is mandatory under section 55 Maharashtra Rent Control Act, 1999
(MAH. ACT NO. 18 OF 2000)
Section 55. Tenancy agreement to be compulsorily registered.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any agreement for leave and license or letting of any premises, entered into between the landlord and the tenant or the licensee, as the case may be, after the commencement of this Act, shall be in writing and shall be registered under the Registration Act, 1908.
(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 license or have been let to him, shall prevail, unless proved otherwise.
(3) Any landlord who contravenes the provisions of this section shall, on conviction, be punished with imprisonment which may extend to 3 months or with fine not exceeding 5000/- or with both.
In Maharashtra state License governed under the Indian Easement Act, 1882.
Section 52. "License" defined : 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 grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
Letting a property on Leave and License basic does not allow any interest in the premises on the licensee's part and does specific certain rights of mere use and occupy, or enjoyment of a residential or commercial property for a limited period of duration. Note :
Stamp Duty on Leave and License
Maharashtra Ordinance No. II of 2005 dated 07th May, 2005.
In Article 36(A)
(A) In clause (a), .......
(i) in column (1) for the word "thirty three months" the words "sixty months" shall be substituted;
(ii) in column (1) and (2) for the word "eleven months" the words "twelve months" shall be substituted;
From 1st May 2013, The new stamp duty rates for leave and license agreements are applicable.
As per newly amendment of sub-clause (a) in article 36A
b) In article 36A for sub clause (a) the following clause shall be substituted namely;
(a) Where the leave and license agreement purport to be for terms not exceeding sixty months, with or without renewal clause;
“0.25 percent of the total sum of;
(i) the license fee or rent payable under the agreement; plus
(ii) the amount of non refundable deposits or money advanced or to be advanced or premium by whatever name called; plus
(iii) the interest calculated at the rate of 10 percent per annum on the refundable security deposit or money advanced or to be advanced by whatever name called.”
As per newly introduced sub-section 2 of Section 70 of Maharashtra Stamp Act, 1958
In case of document on which stamp duty payable is one hundred and forty nine rupees then 49 shall be disregarded,
or more than one hundred forty nine then the said amount will be rounded of to next one hundred rupees.
1) In other words if on a document stamp duty determined is 101 or more up to 149 then 100 is payable.
2) If stamp duty amount is 150 or more up to 199 then 200 is payable.
How to compute the stamp duty on Leave and License Agreement in Maharashtra ?
We have tried to explained it in the simple manner, so it easy to understand.
1. (R) Rent
12000/- [Monthly Rent]
2. (M) Months
3. (TR) Total Rent =(R) x (M)
144000 = 12000 x 12
4. (RD) Refundable Deposit is 10%
10000 = 100000 x 10%
5. (NRD) Non Refundable Deposit
6. (TA) Taxable Amount = (RD) + (NRD) + (TR)
178000 = 10000 + 2400 + 144000
7. (TA) x 0.25%
8. (SD) Stamp Duty = (TA) x 0.25%
445 =178000 x 0.25%
9. (RSD) Rounded Stamp Duty (under sub-section 2 of Section 70 of M. S. Act, 1958)
400 (Rounded Stamp Duty)
Registration Fee on Leave and License w.e.f. 08th June, 2000
GOVERNMENT OF MAHARASHTRA
Thursday, July 08, 2000
Part 4 A
REVENUE AND FOREST DEPARTMENT
Mantralaya, Mumbai 400 032, dated the 8th June 2000
The Registration Act, 1908.
No. RGN.2000/2120/CR-592/M-1- In exercise of the powers conferred by sections 78 and 79 of the Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra, read with sub-section (1) of section 55 of the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000), the Government of Maharashtra hereby further amends, with effect from the date of issue of this Notification, the TABLE OF FEES prepared under the said section 78 and published under the Government Notification, Revenue Department No. RGN. 1558/67731-N, dated the 17th July 1961, as required by the said section 79, as follows, namely;
In the said TABLE OF FEES, after Article III, the following Article shall be interested, namely;
"III A For the registration of a document of agreement of leave and license, if such document is relating to the property situated;
in the area of limits of a;
Municipal Corporation 1000
In any other area 500
By order and in the name of the Governor of Maharashtra,
P. G. CHHATRE
Under Secretary to Government
Informative Guide Line for Leave and Licences Agreement.
Licence Period : Means Months / Years (not
exceeding 60 months / 5 years) for letting of an immovable property such as Residential, Office, Shop and Industrial on Leave
and Licence basics u/a 36A of Maharashtra Stamp Act.
Refundable Deposit : Means the amount given by the Licensee (Tenant) to the Licensor (Owner) as a Security (Guarantee for the due performance and observance)
for the maintaning the property in good condition (Except minimal wear and tear).
Non Refundable Deposite (NRD) : Means the amount given by the Licensee (Tenant) to the Licensor (Owner) as a Advance
which has to be adjusted against the final monthly rent.
Note : Tax Deducted Source (TDS) : Is applicable u/s 194(i) of Income Tax Act, 1961 @ 10% for the
Total Rent Received above 180000/- or greater in a Fincial Year.
Can Society collect Non–occupancy charges ?
Yes, Society can collect Non–occupancy charges @10% of the service charges only from members as per Notification of 1st August, 2001.
1) No, non occupancy charges can not recover if member has given his flat to nearby relative or family members.
2) In any other cases society can levy @10% of the service charges only to members and not on total maintenance bill.
Notification for Non-Occupancy charges Click for Download
Police Verification Form / Society Forms No. 11 and 29
It is mandatory on the Licesors / Owners / Landlords to submit their tenant’s information to the nearest Local Police Station.
Is it necessary to get Police NOC for letting property on Leave and Licenses ?
Police NOC is not required while renting the property on Leave and Licenses Agreement, but it is mandatory to submit the verification form having details of Owner/Licensor, Tenant/Licensee and Estate Agent to the local police station along with the copy of registered document.
Police Verification Form for download Click Here
Which forms are required to be submitted to Society for sub-letting the property ?
Form No.27 [Under the Bye-law No. 43(2) (I)] A Form of application for Permission to sub-let, give on leave and license or care-taker basis the flat or part or part thereof.
Form No.11 [Under the Bye-laws Nos.20 and 43(2) (ii)] The Form of application for Nominal Membership by the Sub-lettee the Licensee or the Caretaker or occupant
Forms to be submitted to Society under bye-laws. Click Here
It is very easy to calculate, (for every term of twelve months) just select the Months then input the Refundable Deposit Value and or Non Deposit Value if mentioned in document, then select type of compensation / rent, and finally select property situated in Rural or Urban area and click on calculate button and you will get the STAMP DUTY & REGISTRATION FEE along-with TAX DEDUCTED AT SOURCE (T. D. S.) if applicable on the Leave & License Agreement.
Note : Always refresh after each calcualton.
Calculation is for a period of 12 months upto 60 months