Legal Question in Real Estate Law in India

exemption under section 3 of MRC Act.

If Maharashtra Rent Control Act do not cover the Multinational Companies, Pvt. Ltd. Companies or Public Ltd. Companies with a paid up share capital of one crore or more. then which law governs them, can i let out my premises on leave and license basis? MRC Act do not cover them than which law is applicable and what kind of document to be executed for let out the premises. kindly let me know in details pertaining to the aforesaid queries. thanks in advance


Asked on 2/10/09, 4:05 am

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: exemption under section 3 of MRC Act.

General laws like Transfer of Property Act, Easement & License Act etc. would be applicable.

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Answered on 2/11/09, 4:14 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: exemption under section 3 of MRC Act.

Hello.

You need to execute a Lease Deed in case of MNC Companies.

Please contact with details for further proceedings.

OR

You may contact a local lawyer.

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Answered on 2/10/09, 4:56 am
SHIVA SHANKAR REDDY M/S S&S LAW FIRM

Re: exemption under section 3 of MRC Act.

he landlord should get the agreement registered. The landlord must give the tenant a duplicate copy of the rental agreement, failing which the tenant is not obligated to pay rent until the tenant receives a copy of the rental agreement.

For a lease agreement, the terms of the lessee (tenant) and the lessor (landlord) when they enter into a lease agreement would include terms like the term of lease, deposit amount and monthly rentals. The lessor or the landlord should ensure the premises come back in the right shape in repossession.

* There has been no damage to the tiling, plumbing, flooring or electrification and the premises are in the proper condition.

* No major changes have been incorporated in the premises. If the lessee has made some changes, which are not acceptable to the lessor, the latter may ask him to undo the changes.

* In the case of leasing of furnished premises, the condition of the furnishings is in proper condition.

* All the electricity and telephone charges have been taken care of till the specified date by the lessee or tenant at the time of repossession.

On satisfactory fulfillment of all these aspects, the lessor should offer the refund the security deposit (if given) to the lessee offering vacant and peaceful possession of the premises.

In a Tenancy Agreement there is a transfer of interest and it establishes the non-eviction of the tenant by the owner except on the grounds of eviction mentioned under the Rent Act.

Under the Leave and License Agreement transfer of interest takes place on permission and the same can be terminated as per the terms of the agreement. The possession can be demanded back from the licensee. The label to the agreement could be Leave & License or Tenancy Agreement, but it is the intention of the party that counts. Documentation of the commercial lease is also an important rental law procedure.

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Answered on 2/10/09, 8:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: exemption under section 3 of MRC Act.

I agree with the learned Attorney Mr. Reddy.

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Answered on 2/10/09, 11:47 am


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