Lease
What is a license of lease ?
My Landlord is disputing that my tenancy is nit a lease but a license. There is no written agreement between us. How does one differentiate whether it is a lease for a license?
By  Anonymous  |  08 Dec 2016  |  Upvotes: 0  | 

2 Answer(s)

Ravindra Purohit
Advocate

The crucial test in each case is whether the instrument is intended to create or not to create an interest in the property the subject matter of the agreement. If it is in fact intended to create an interest in the property it is a lease, if it is does not it is a license. In determining whether the agreement creates a lease or a license the test of exclusive possession though not decisive is of significance.

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Amarnath Sanyal
Advocate

As there is no Lease Agreement therefore, it is tough to prove that it is lease agreement and taking such advantage he is now saying it is License. Anyway in both situation he cannot evict you forcefully rather he has to file a suit for eviction. For further consultation in details you can contact me

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