REGISTRATION
OF LEAVE & LICENCE AGREEMENT
UNDER
MAHARASHTRA
RENT CONTROL ACT, 1999
With
Questions and Answers
(Whether
Stamp Duty is payable?)
BY
MAHABALESHWAR MORJE
|
PROBLEMS
ON LEAVE & LICENCE
QUESTIONS & ANSWERS
Whether
the Stamp Duty is payable when Agreement of Leave and License is executed
under Sub-section (1) of 65 of Maharashtra Rent Control Act, 1999 has become
a debatable question ? And there are different opinions?
According to some persons Stamp duty is payable on the basis of market
value and it is required to registered by paying usual registration fees
and according to some agreement for Leave & License is required to
be executed on Stamp Paper of Rs.20/- only and that registration charges
will be payable concerning the copying and registration charges etc. and
no registration fees will be required to be paid ad-voluram basis.
However, it will be in the interest of all the parties if Hon'ble Revenue
Minister, Inspector General of Stamps and Collector of Stamps issue proper
guidelines and clarification in order to avoid the misunderstanding. So
that the parties can lodge their agreements for leave and license for registration
and avoid further confusion. In order to avoid further delay in the mean
time Flat Owners Association has decided to following guidelines and clarifications.
TOP
THE OBJECTS
OF BOMBAY RENTS ACT,1947.
-
To
protect the tenant from ejectment without due process of law.
-
To
protect the tenant from payment of excessive rent.
-
To
entitle the tenant to remain in possession as a statutory tenant even after
termination of contractual tenancy.
-
To
protect the tenant from payment of illegal charges, such as premium, deposit
etc.
-
To
entitle the tenant to have tenantable repairs.
-
To
enable the tenant to enjoy essential supply such as water, electricity
etc and other services.
TOP
AMENDMENT
TO PROTECT THE LICENSEES WHO WERE IN POSSESSION ON 1ST February 1973
The protection granted by Rent Act turned out to be illusory as the landlords
in order to circumvent the provisions of the Bombay Rent Act and to avoid
the obligations and penalties thereunder, started giving the premises on
the basis of Leave and Licence for a short period and used to charge the
consideration which was much more than the standard rent. There was no
security of tenure since the licensee had no interest in the property like
a lessee. He was required to pay higher licence fees, as per demand made
by his licensor from time to time.
This
helpless situation of the Licensee was noticed from time to time and the
Supreme Court and High Courts have tried to protect the interest of the
Licensees from time to time. To give further protection in law, the Government
of Maharashtra has made a vital amendment, conferring the right of the
statutory tenancy on the licensees whose licence was subsisting as on 1st
February 1973, and further providing that in case of other licensees, the
licence fee shall not be more than a sum equivalent to standard rents,
permitted increases and a reasonable amount for amenities and services.
The new amendment also grants protection to the licensees in the premises
of the Co-operative Housing Societies.
It appears that some of the Banks, Insurance Companies/public sector undertaking
established by or under any Central or State Act or foreign missions, international
agencies, multinational companies and private limited companies and public
limited companies try to take the undue advantages of this amendment by
filing the declarative suits, for declaration of tenancy rights and for
fixation of standard rent therefore great and irreparable hardship caused
to the landlords and licensors. On the basis of representations made by
various organisations New Maharashtra Rent Control Act was enacted and
exempted following companies and other organisations. It states that this
act shall not apply to any premises let or sub-let to banks, or any public
sector undertakings or any Corporation established by or under any Central
or State Act or foreign missions, international agencies, multinational
companies and private limited companies and public limited companies having
paid up share capital of rupees one crore or more.
TOP
GENERAL
:
The conflict and controversy of the distinguishing features between lease
and licence is very old.
The relation of landlord and tenant was originally one of contract only,
but from early times the contract conferred an estate in the land on the
tenant without losing all its contractual characteristics. The relation
arises as a rule when one party foncers on another the right to exclusive
possession of land, mines or buildings, for a time which is either subject
to a definite limit originally, as in the case of a lease for term of years,
or which, though originally indefinite can be made subject to a definite
limit by either party as in the case of a tenancy from year to year. The
interest in the property which remains in the landlords is called the reversion
and as a tool, there is incident to it, the right to receive from the tenant
payment for the use of the property in the shape of rent. (Halsbury's
Law of England, 3rd Edition Vol.23, P.407)
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LEASE
:
The lease is defined under section 105 of the Transfer of Property Act
as under :
"A
lease of immovable property is a transfer of a right to enjoy such property,
made for a certain time, express or implied or in perpetuity, in consideration
of a price paid or promised, or of money, a share of crops, service or
any other thing of value, to be rendered periodically or on specified occasions
to the transferor by the transferee, who accepts the transfer on such terms.
The
transferor is called the Lessor, the transferee is called the lessee, the
price is called the premium, and the money, share, service or other thing
to be so rendered is called the rent.
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LICENCE
As opposed the concept of lease, the concept of licence did no more than
to grant a personal privilege to do something upon without Conferring an
estate in the land. As early as, in the Seventeenth Centuary, Vaughan C.J.
has defined as licence as :
"A
dispensation or licence properly passeth no interest no alters or transfers
property in anything, but only makes an action lawful, which without it
had been unlawful". (Thomas Vs. Sorell - 1673 Vaughan 330, P.351)
A licence is defined under section 52 of Indian Easements Act, 1882, which
was framed in the background of the above propositions of the learned Chief
Justice and it was enacted as follows :
"Section
52 : 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 property, the right is called a licence".
The difference between the Lease and License is as under :-
-
A
Licence may be granted without writing or registration, unless it
is coupled with a transfer of an interest in immovable property.
An instrument granting licence does not require registration. A lease
can only be created by registered instrument, if it is for year-to-year
or for a period exceeding one year or if it reserves a yearly rent. (New
Maharashtra Rent Control Act, 1999 registration of licence and even monthly
tenancy is mandatory see Section.)
-
A lease
creates interest in the property while license does not.
-
In
the case of lease there is an exclusive possession of the premises, but
in the case of license there is a right to use premises
without exclusive possession.
-
A lessee
having interest in the property, if illegally deprived
of the possession by the lessor, can bring suit for the possession
but a licensee cannot do so.
-
No
notice to quit is necessary to determine a license and to bring a suit
for ejectment against the licensee. But unless a lease is determined by
a due notice to quit or in any other recognised mode, the lessor cannot
sue for ejectment against the lessee.
-
A lease
is normally a transferable right while a license is not.
-
A lease
is a heritable right while a license is not
-
A license
does not entitle a licensee to sue a stranger in its own name.
-
A license
is determined when a grantor makes an assignment of the subject matter.
-
A lease
is liable to forfeiture by denial by the lessee of the lessor's title.
This principle does not apply to a license.
TOP
COMPETENT
AUTHORITY :
This definition has been added in view of the addition of Part IIA to the
Act by the Amending Act No.18 of 1987. Part IIA deals with special category
of landlords mentioned therein and therefore the jurisdiction of evicting
the tenants of such landlords is given to a special forum called Competent
Authority and not to the courts mentioned in section 28 of the Act. Part
IIA deals with the appointment qualifications and jurisdiction of persons
holding the post of competent authority see s.31 B to S.31 G. It
is submitted that the addition of clause 1A to section 5 was unnecessary.
In
view of certain decisions of Supreme Court it appears that Competent Authority
shall also be deemed to be a court for the purposes of Contempt of Courts
Acts. Such official would be performing judicial or quasi-judicial functions
and therefore will be subject to the superintendence of the High Court
as Part IIA itself provides. This officer however is different from the
controller under Part III of the Act. The Act has thus created three different
forums namely the Court, the Competent Authority, and the Controller, the
first dealing with matters of rents and eviction of tenants generally,
the second only with the eviction of tenants of certain landlords and the
third with rates of Hotels and Lodging Houses. This is apart from the appellate
courts and the revisional courts including the Government and the Supreme
Court.
Section 40 of New Maharashtra Rent Control Act, 1999 refers to the appointment
of Competent Authority.
Section 41 refers to the definition of landlord for the purpose of Chapter
VIII. For the purposes of this Chapter, landlord means a landlord who is
-
-
a person
who has created a service tenancy in respect of his premises or a part
thereof in favour of his employee under section 22;
-
a member
of the armed forces of the Union or scientist or a Government servant or
a successor-in-interest, referred to in section 23; or
-
a person
who has given premises on licence for residence or a successor-in-interest
referred to in section 24.
Section 42 refers to special provisions for making application to competent
authorities by landlord to evict tenant or licensee.
Section 43 refers to the special procedure for disposal of application.
Section 49 states that competent authority and controller shall be deemed
to be public servant.
Section 50 states that all proceedings before competent authority or controller
to be judicial proceedings.
Section 51 states that Competent Authority shall be deemed to the Civil
Court for certain purposes.
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EFFECT
ON PRESIDENCY SMALL CAUSE COURTS ACT, 1882
General
:
Chapter VII of the Presidency Small Causes Courts Act, 1882 refers to the
recovery of possession of immovable property. The jurisdiction conferred
on the Small Causes Court under Chapter VII is a very special and limited
one. It entitles the parties to recover possession by a summary precedure.
The jurisdiction under Section 41 is limited to tenants and permissive
occupiers or occupants, and a mere trespasser is excluded from its operation.
Proceedings
instituted under Chapter VII are not suits within the meaning of the Civil
Procedure Code. The decision of the Court based on such proceedings cannot
be said to be a decree under Section 2 (2). (See Manekshaw Rustomji Mehta
Vs. A.N.Jijina - 71 Bom. L.R.629)
Section 41 - Summons against person occupying property without leave :-
when
any person has had possession of any immovable property situate within
the local limits of the Small Causes Court's jurisdiction and of which
the annual value at a rack-rent, does not exceed ten thousand rupees (in
Bombay, ten thousand rupees) as the tenant, or by permission, of another
person or of some person through whom such other person claims.
and
such tenant or occupier or any person holding under or by assignment from
him (hereinafter called the occupant) refuses to deliver up such property
in compliance with a request made to him in this behalf by such other person.
such
other persons (hereinafter called the applicant) may apply to the Small
Causes Court for a sommons against the occupant, calling upon him to show
cause, on a day therein appointed, why he should not be compelled to deliver
up the property.
Under
Section 41, the following conditions are required to be fulfilled :-
-
The
immovable property must be situated within the local limits of the Small
Causes Court's jurisdiction.
-
The
annual value at rack-rent must not exceed Rs.2000/- (Bombay Law Rs.10,000/-).
-
The
person sought to be removed by an order must be either
-
the
tenant; or
-
one
in possession of the property by permission of another person; or
-
an
occupier i.e. a person claiming under the tenant or permission occupier
-
The
tenancy must have been terminated or the permission to occupy should have
been withdrawn.
-
There
must be a request to the occupant to deliver up possession and such request
must have been refused impliedly or otherwise.
Section
42A-Procedure where occupant contests as a lawful Tenant, etc. -
-
If
any application pending in the Small Causes Court immediately before the
date of the commencement of the Presidency Small Causes Courts (Maharashtra
Amendment) Act 1963, (Mah.XLI of 1963 or made to it on or after such date,
the occupant appears at the time appointed and claims that he is a tenant
of the applicant within the meaning of the Bombay Rents, Hotel and Lodging
House Rates Control Act, 1947, (Bombay LVII of 1947) and in consequence
whereof he is entitled to the protection of that Act, and if such claim
is not admitted by the applicant, then notwithstanding anything contained
in the Act, the question shall be decided by the Small Causes Court as
a Preliminary issue.
-
An
appeal against the decision on this issue shall lie to a bench of two judges
of Small Cause Court.
-
Every
appeal under sub-section (2) shall be made within thirty days from the
date of the decision appealed against :
Provided
that, in computing the period of limitation prescribed by this sub-section,
the provisions contained in sections 4, 5 and 12 of the Indian Limitation
Act, 1908 (IX of 1908) shall, so far as my be apply.
-
No
further appeal shall lie against any decision in appeal under Sub-sec.
(2)
This section has been inserted by the Maharashtra Amendment Act (XLI of
1963) and it has been in force from 1st February 1964). The object of bringing
the amendment was to avoid the delay in recovery of the possession of the
premises. The object of inserting 42A and recasting Section 49 was to have
the question of tenancy decided once for all in proceedings under Chapter
VII.
TOP
Difference
between Chapter VII and Section 28 of Bombay Rents Act.
The distinction between proceedings under Chapter VII of the Presidency
Small Causes Courts Act, 1882 and suits under Section 28 of the Bombay
Rents Act, 1947, is vital. An order under Chapter VII cannot be appealed
from and the same gives a right to the party aggrieved to file a suit under
section 49 of the Presidency Small Causes Courts Act, 1882 in the High
Court or Bombay City Civil Court, except cases referred to in Section 42A
of the Presidency Small Cause Courts Act,1882. Suits under Section 28 of
the Bombay Rents Act, 1947, can only be suits between landlord and tenant.
The decision is appealable to the Court of Appeal in Small Causes Court,
and there is no right to file a suit under Section 49 with regard to decree
passed under Section 28. There is, therefore, a fundamental distinction
between a suit filed under Section 28 of the Bombay Rents Act, 1947, and
proceedings under Chapter VII of the Presidency Small Causes Courts Act,
1882. Proceedings under Chapter VII are numbered as applications and suits
under Section 28 as suits.
2
Effect of the Amendment
Under Section 41, a person sought to be removed by an order must be either
(a)
the tenant; or
(b)
one in possession of property by permission of another person; or
(c)
an occupier i.e. a person claiming under the tenant or permission occupier.
It is expected that the persons in possession of the property by permission
occupier will be entitled for the protection under the Amended Act if their
occupation is under the subsisting agreement of licence as on 1st February
1973. These occupants will be the tenants of the applicant within the meaning
of the Amended Act, and in consequence thereof, will be entitled to the
protection under the Act.
TOP
JUDGEMENTS
:
POSITION
OF STATUTORY TENANT :
Section15-A - Statutory tenant is in same position as a contractual tenant
until decree for eviction passed against him - Licensee created by landlords
or by tenant before 1-2-1973 in actual occupation of the premises will
be tenant within the meaning of Section 15-A - They are entitled to enjoy
rights granted under the Act specially those mentioned in section 14(2).Chandavarkar
Sita Ratna Rao Vs. Ashalata Guram 1986 Mh.L.J. (SC) 955.
PROTECTION
UNDER CONSENT DECREE :
(as amended by Act 17 of 1973), SS.15-A and 5(4-A) and Easements Act, S.52
-
Right
to protection - Plaintiff under consent decree agreeing to use of premises
by defendant on payment of monthly amount till 31st March 1974 - Defendant
is licensee and is entitled to protection of section 15-A. Jacob David
Sopher vs. Baldev Pathak, 1975 Mh.L.J.764 = 77 BLR 254.
PAYING
GUEST HAS NO PROTECTION :
SS.15-A, 5(6A) and (4A) - Petitioner occupying part of premises in flat
held by tenant - Control and dominion of entire flat with tenant - Petitioner
not member of family of tenant - Held on facts to be "paying guest" - Protection
under section 15-A not available. Dinoo F.Byramji vs.Mrs.Dolly Jehangir
Ranji, 1988 Mh.L.J.1078.
CONDITIONS
TO ATTRACT THE PROVISION AS ON 1st OCTOBER 1987 :
The conditions to attract section 13A(2) of the Bombay Rent Act as inserted
by Maharashtra Act No.18 of 1987, which came into force from 18th October
1987, are as under :
-
The
Licensor should be the owner of the flat
-
The
premises must have been given on licence.
-
Period
of Licence should have expired
-
The
Licensed Agreement may be in writing or oral (Dinkar Keshav Deshmukh Vs.
Vasantdada Sugar Institute, Pune, 1997(1) Mh.L.J.188)
RIGHT
TO ATTACH AND SELL LEASE HOLD INTEREST
There is no bar under section 15(1) to attach and sell leasehold interest
of a lessee in premises leased out for non-residential purpose (Union Bank
of India Vs. M/s. Mittersain Rupchand, 1995(2) Mh.L.J. 481)
EXPRESSION
TRANSFER IN ANY OTHER MANNER INCLUDES TRANSFER BY TESTAMENT ALSO.
The word "transfer" in section 15(1) of the Bombay Rent Act has been qualified
by the words "in any other manner" and therefore it is not restricted to
mean only transfer inter vivos. The wide amplitude of the words "in any
other manner" clearly envisages that the word "transfer" has been used
in a generic sense so as to include transfer by testment also. (Vasant
Pratap Pandit Vs. Dr.Anant Trimbak Sabnis, 1994(2) Mh.L.J. (SC) 1450)
EVICTION
ON GROUND OF SUBLETTING NOT PERMISSIBLE IN VIEW OF AMENDMENT TO
BOMBAY RENT ACT BY MAH.ACT18 OF 1987.
Eviction on other grounds could not be sought in the circumstances - Decree
for eviction made on the ground of subletting quashed. (Shoeb Habib Bhimji
Vs. Sonbai Doongersi Malani, 1992 (1) Mh.L.J.513)
AS
LICENSEE HAD BECOME DEEMED TENANT ON 1ST FEBRUARY, 1973 BY VIRTUE OF STATUTORY
AMENDMENT :
It could not be said that he was "dat qui not habet" ilel he given nothing
who has nothing. (Abdulhussein Noorooddin Kagajwalla Vs. M/s.Maharashtra
Industries, 1977 (1) Mh.L.J.721)
OBSTRUCTION
BY SUB-TENANT NOT ILLEGAL :
Tenancy terminated by notice to quit - Ex parte decree for eviction - Obstruction
by sub-tenant inducted on 24.9.1966 - Protection of amendment Act 18 of
1987 available.
STATUTORY
TENANT AFTER DETERMINATION OF HIS CONTRACTUAL TENANCY HAS NO RIGHT TO CREAT
LINCENCE.
Person inducted by a statutory tenant does not become a 'licensee' within
the meaning of section 15-A of the Act.
PROTECTION
IS INTENDED TO BE GIVEN ONLY TO THOSE WHO OCCUPY PREMISES COMPRISING OF
AT LEASE ONE ROOM
No protection is available in respect of licence of only open space irrespective
of its dimension. (Mahibubsaheb Abdul Rahiman Haddiwala by L.Rs.Khurshid
Banu Mahibubsaheb Vs.Shri Siddheshwar Devasthan 1993(2) Mh.L.J.1730)
CHARITABLE
TRUST PROVIDING FOR TRUST PROPERTY TO BE USED OR OCCUPIED AS RESIDENCE
BY POOR AND INDIGENT MEMBERS OF THE COMMUNITY.
Property of trusts being intended for use of poor and indigent members
was included in expression "home for windows, orphans or like premises"
appearing in section 5(44) - Befinit of Section 15A(1) not available.
The intention of the legislature was to exclude from the ambit of the definition
of "licensees" persons having any accommodation in premises used as home
for widows, orphans or "like premises" meaning thereby premises used by
persons having similar salient features as widows, orphans like poor and
indigent persons. Section 15A of the Act had no applicability and 'M' could
not be treated as a deemed tenant. Order of appellate Court set aside (Vijaysinh
Gordhandas Vs.Madhuribai w/o. Madhavdas Govindji, 1994(2) Mh.L.J.1234)
LICENSEE
:
Petitioner-company, a successor in-interest of Esso Eastern Inc., the licensee
and occupant of disputed flat under subsisting licence on 1.2.73 Esso Eastern
Inc., acquired the Petitioner-company under Acquisition Act of 1974. Existing
licence was extinguished. Question came up about right to transfer of undertakings
to another undertaking and protection of Section 15-A of the Rent Act -
It was held that the proceedings under section 91 and consequent eviction
order against petitioners was quashed. Hindustan Petroleum Corpn.Ltd. Vs.
Shyam Co-operative Housing Society, 1989 CTJ 5 (SC), AIR 1989, SC 295.
POSSESSION
OF FLAT THROUGH A MEMBER
Disputes comes within the purview of Section 91 of Maharashtra Rent Control
Act -Section 15-A of Bombay Rent Act is not applicable. Sardar Mohan Singh
Ahluwalia (dead) by L/rs. Vs. Maitrai Park Co-op. Hsg. Soc. Ltd., 1989
CTJ 1 (SC) AIR 1989, SC 86 (1988) 4 SCC 416 Bom. LR 475.
OCCUPATION
OF FLAT ON LEAVE AND LICENCE BASIS
Eviction dispute was filed for recovery of possession and mesne profits,
etc. Question arose whether such dispute falls within section 91
as they have become tenant under Section 15-A, or become trespasser after
termination of licence. Held, that dispute fell under Section 91 and that
Section 15-A of the Bombay Rent Act is not applicable, as there was no
subsisting - Therefore, eviction ordered. Hindustan Thompson Associates
Ltd. Vs. Mrs.Maya Inderson Israni 1989 CTJ 3 (SC) AIR 1989, SC 87, (1988)
4 SCC 745m 90 Bom.LR 518.
LEAVE
& LICENCE AGREEMENT
The Maharashtra Co-operative Societies Act, Section 91 (1) confers jurisdiction
on the Co-operative Court while Section 28 of the Rent Act confer jurisdiction
on the Court of Small Causes. In the case of licensee protected under Section
15-A of the Rent Act, notwithstanding the absence of privity of contract
between the owner-landlord and the licensee-protected tenant, the later
cannot be evicted except in accordance with the provisions of the Rent
Act. If the Society fails to prove that the Appellant has no right to the
occupation of the flat since he is a mere trespasser, the suit must fail.
Sanwarmal Kejrimal Vs. Vishwa Co-op.Hsg. Soc. Ltd., 1990 CTJ 364, AIR 1990
SC 1563, 1990 Mah.L.J.380, 1990 (1) SPJ 352.
RIGHT
TO INDUCT LICENSEE
A member-allotted has a right to transfer his interest in the flat to a
third party and therefore, the right to induct a third party on leave and
licence basis. Sanwarmal Kejrimal Vs. Vishwa Co-op.Hsg. Soc. Ltd., 1990
CTJ 364, AIR 1990 SC 1563, 1990 Mah.L.J.380, 1990 (1) SPJ 352.
PAYING
GUEST
Appellant who was a paying guest is not included in the definition of licensee
in Section 5 (4-A) of the Rent Act. The Appellate Court upheld the award
of the Co-operative Court directing the Appellant to handover vacant possession
of the flat. K.Ramaya Vs.Jayannath Co-op.T.S.Ltd., 1990 CTJ 860.
COMPULSORY
REGISTRATION :
Section 55: Tenancy agreement to be compulsorily registered :-
-
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 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.
-
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.
-
Any
landlord who contravenes the provisions of this section shall on conviction
be punished with imprisonment, which may extend to three months or with
fine not exceeding rupees five thousand or with both.
THE
PROVISION REGARDING THE PAYMENT OF STAMP DUTY
on
Agreement of Leave and License and on the Lease are as under :-
Articles 5 of schedule I of the Bombay Stamp Act provide stamp duty for
agreements. The Stamp Duty payable under Article 5 (h) of the Schedule
I of Bombay Stamp Act for agreement of Leave and License will be Rs.20/-
as there is no specific provision as far as agreement of leave and license
is concerned. Article 36 provides stamp duty for deed of lease. Agreement
of Leave & License does not create any right in the immovable property.
The deed of lease creates right in the property as lessee. The Leave and
License Agreement is mere license or permission granted by the owner to
guarantee. Section 52 of easement Act is clear on the point. Thus agreement
of leave and license cannot be equated with deed of lease.
TOP
STAMP
DUTY ON TENANCY AGREEMENT
In the year 1994, the Maharashtra State Government inserted Section (g-d)
to Article 5 of schedule 1 of Bombay Stamps Act, 1958 by Maharashtra Tax
Laws (Levy and Amendment) Act, Maharashtra 29 of 1994 wherein Stamp Duty
was levied on Agreement relating to transfer of tenancy of immovable property.
In Mumbai the Stamp Duty is levied at the rate of Rs.1,000/- per sq.mts.
for transfer of tenancy for the purposes of non-residential use and Rs.100/-
per sq.mts. for the purpose of residential use. The Stamp Duty leviable
on transfer of tenancy within the limits of Municipal Corporations of Cities
like Mumbai, Thane, Pune, Nagpur and Navi Mumbai, Kalyan, Pimpri - Chinchwad,
Amravati, Nashik, Aurangabad, Kolhapur and Sholapur are as below :
Article
5 (g-d) of Schedule I of Bombay Stamps Act, 1958 read as below :-
Agreement or its records or Memorandum of Agreement relating to transfer
of tenancy of immovable property, for every square meter of the area of
the tenanted property the right of tenancy in which is the subject matter
of transfer and situated within the limits of -
-
the
Municipal Corporation of Greater Bombay -
-
for
the purpose of non-residential premises - One thousand rupees
-
for
the purpose of residential premises - One hundred rupees
-
the
Municipal Corporations of the Cities of Thane, Pune, Nagpur and Navi Mumbai.
-
for
the purpose of non-residential premises - Five hundred rupees
-
for
the purpose of residential premises - Fifty rupees
-
the
Municipal Corporations of the Cities of Kalyan, Pimpri-Chinchwad, Amravati,
Nashik, Aurangabad, Kolhapur and Solapur.
-
for
the purpose of non-residential premises - Two hundred rupees
-
for
the purpose of residential premises - Twenty rupees
It must be noted that Section 55 refers to the mandatory provision of compulsory
registration of any agreement on Leave and License. This provision is notwithstanding
anything content in this Act (Maharashtra Rent Control Act, 1999) or any
other law for the time being in force. In other words though it was not
necessary to have the Agreement of Leave and License registered any other
law earlier. It will be necessary to do so, now in view of this provision.
Now the questions are when the Agreement of Leave and License, whether
the parties will be required to pay the Registration fees as well as the
registration charges.
The Registration charges means expenses are required to be paid for printing
copying of agreement for establishment charges etc. The Registration fee
means ad-valoram fees payable on the basis of value of the agreement. Now
maximum registration fees payable are Rs.20,000/- earlier it was
Rs.10,000/- and Rs.5,000/-. It must be noted that since the
maximum fee is Rs.20,000/- it means even if the property is of any amount
above Rs.20 Lacs or which may be Rs.50 lacs or Rs.1 crore fixed registration
fees of Rs.20,000/- will be paid and not more.
The Section 55 refers to the compulsory registration of Agreement it does
not refer to payment of stamp duty, the normal requirement of the law is
to have an Agreement executed under the Stamp Paper of Rs.20/- as mentioned
in Article 5 of the Bombay Stamp Act. According to the statement
made by Hon'ble Shri Vilasrao Deshmukh, the Chief Minister on 55th Birthday,
(27th April 2000) Stamp Duty is not payable on the amount of deposit
taken at the time of giving the premises on Leave and License.
It must be noted that object of Section 55 under the Maharashtra Rent Control
Act 1999, which is welfare legislation is to ascertain to the property
right and avoid confusion by entering into an agreement of Leave and License
and not to collect the revenue the object is to have Agreement admissible
under Indian Registration Act, 1908 and Indian Evidence Act and save the
time of the Court to establish to the intention of the parties.
The Views of the experts are therefore, is that agreement is to be required
executed from Stamp Duty on Stamp Paper of Rs.20/- but no stamp duty will
be payable and that when the agreement of leave and license is registered
only registration charges will be payable and no registration fee is required
to be paid where tenant or licensee avoids to sign the agreement before
the registering authority.
It must be noted that it can be registered unilaterally copy of the model
agreement Leave and License is enclosed herewith for ready reference.
|
MODEL
AGREEMENT OF LEAVE & LICENCE
|
| THIS AGREEMENT OF LEAVE
AND LICENCE is made and entered into Bombay this --- the day of ------------
2000 BETWEEN ----------------------------------------, Indian Inhabitant
residing at ---------------------------------------------------- -----------------------------,
District ------------ hereinafter referred to as "THE LICENSOR" (which
term and expression shall mean and include unless repugnant to the context,
shall mean include its successors heirs, executors administrators and executors)
of the One Part
and _______________________,
______________ _______________, Mumbai- 400 00 , hereinafter referred to
as "THE LICENSEE" (which expression shall mean and include its successors
in title and assigns) of the Other Part.
AND WHEREAS the object
of creating Leave and Licence is to establish Mutual trust and confidence
between the parties and to reduce the artificial shortage of housing keeping
in mind the licensor will need the premises for himself and members of
family.
AND WHEREAS the licensor
has taken risk to give the premises on licence only because the licensee
i.e. ___________________ Ltd are the people of international reputation,
integrity and status. WHEREAS the licensor is the owner of Flat No...........................................
........................................
AND WHEREAS the licensor
not being in immediate need of this flat for ....... Personal occupation
has agreed at the request of the licensee to allow the executive of the
company and his immediate family members to use and occupy the said flat
on leave and licence basis on the following terms and conditions.
NOW THIS AGREEMENT WITNESSETH
AS UNDER : The Licensor hereby allow the use and occupation of Flat No................
................. (hereinafter referred to as "the said Flat") admeasuring
...... sq. ft to the Licensee on Leave and Licence basis for a period of
eleven months commencing from ..................... in consideration of
the licensor granting the licensee the use and occupation of the said flat,
the licensee shall pay the Licensor a monthly compensation of Rs.......
(Rupees.......................). Besides the agreement compensation the
license shall also deposit with the licensor, a sum of Rs..........(Rupees.............)
as and by way of security deposit (receipt of which the Licensor both hereby
admit and acknowledge). The said security deposit shall bear no interest.
The licensor shall be bound and liable to refund without interest by a
Demand Draft or a Bank's pay order the said Security Deposit to the License
after all adjustments (if any) under this Agreement at the end of the period
of leave and licence as provided herein or earlier determination of Leave
and Licence as provided herein or earlier determination of leave and licence
for whatsoever reason and against the licensee handing over vacant possession
of the said flat to the licensor. The licensor agrees to keep the aforesaid
deposit amount in law risk investment to ensure repayment to the licensee
at the end of the licence period or earlier determination thereof. It is
agreed between the parties that in the event of the Licensor not refunding
the aforesaid deposit amount on the expiry or sooner determination of the
licence the Licensee shall be entitled to continue occupying the said flat
without payment of compensation till such time as the licensor refunds
said deposit amount. This Agreement shall be initially for a period of
seven months and shall automatically stand renewed for a further period
of three years with an increase of 10% in the monthly compensation, the
other terms and conditions remaining unchanged. The said flat shall be
used by the Licensee and solely and exclusively as residence for any of
its officers and the immediate members of his family and for no other purposes.
The Licensee shall pay the charges for electricity and telephone used the
licensee in the flat. Such charges will be paid by the Licensee within
seven days from the demand made by the Licensor in that behalf against
production of the bills or other proof by the licensor. The Licensee shall
pay all the monthly outgoing in respect of the said flat to the Society
regularly. It is hereby agreed by and between the parties hereto that the
Licensor shall prior to the date of putting the Licensee in possession
of the licensed premises carry out the work of painting and rench polishing
the premises / furniture and shall ensure that all electrical fixtures,
fittings and plumbing and drainage are in proper and efficient working
condition. The Licensee shall use the said flat with due care and caution
and shall keep and maintain the interior and the said flat in good order
and condition and upon the termination of the licence shall leave the said
flat in the same condition as it was on the date hereof save and except
normal wear and tear. The original key to the main entrance door of the
said flat shall always remain with the licensor. However, a duplicate set
of keys shall be handed over by the licensor to the licencee for convenience.
The existing locking device nor shall the licensee or its executive fix
an additional locks or locking devices on the main entrance door of the
said flat and in case, that done the Licensor shall be at the liberty to
break open such additional lock or locking device as the case may be. The
Licensee or their Executive shall not store or allow to be stored in the
said flat ay goods, articles or things of a hazardous, in flammable or
combustible nature except as required for daily use by the licensee's executive.
The Licensee shall not do or suffer to be done anything to the said flat
which is or is likely to be a nuisance or annoyance to the other occupants
of the said building or to prejudice in any manner the rights of the licensor
in respect of the said flat and/or use the same for any immoral or illegal
purposes. The Licensee shall not make any alteration, additions or changes
of any nature in the said flat wait or roof of the building or gallery
without permission of the Licensor, save and except normal maintenance
of the flat from time to time. In the event of either party committing
any breach or other noise of the terms and conditions herein contained
then, without prejudice to any other rights and remedies the Licensor
AS WELL AS the Licensee
shall be entitled to terminate the Licence by giving 90 days notice in
writing. Notice sent by registered post at its registered office aforesaid
address, shall be deemed to be properly served upon the licensee and notice
sent to the licensor at the aforesaid address shall be deemed to be properly
served on the Licensor. On the expiration or earlier determination or termination
of this Licence as provided herein above the Licensee shall remove the
executive and servants and all their belongings, chattels articles and
things
in the said flat and hand over vacant, quiet and peaceful possession of
the said flat to the Licensor. This Licence is purely personal and temporary
to the Licensee and the Licensee shall not assign the same or transfer
the benefit of this Agreement or any part thereof to any person or party
nor allow any other persons or party to enter in and occupy the said flat,
save as provided herein above. The Licensor shall observe and perform all
the terms and conditions agreements, covenants and provisions on which
the Licensor holds the said flat and shall also observe and perform the
rules, regulations and bye-laws for the time being and from time to time
in force of the Society in which the said building is illegally vested
and shall pay and discharge all the liabilities in respect of the said
flat including the liability to pay the monthly outgoings of the said Society.
The Licensee shall not do, omit or suffer to be done anything whereby the
Licensor's right to hold the said flat is voided, forfeited or extinguished.
Nothing herein contained shall be construed as creating any right, interest,
easement, tenancy or sub-tenancy in favour of the Licensee in or upon the
said flat or transferring any interest therein favour of the Licensee other
than the permissive right of use hereby given. In case of any dispute arising
between the parties hereto in relation to the compliance of the terms and
conditions of this Agreement of their interpretation only the Courts in
Mumbai will have jurisdiction to try and decide such dispute. The Licensee
undertakes to disclose the names of the occupant and members of his family
along with the photographs and that so stranger other than the members
of family to occupy the flat. The Licensee shall file an affidavit duly
sworn before Magistrate or Notary stating therein that he and members of
his family will unconditionally deliver quite vacant possession by removing
his bags before the last date of the agreement and that they will not enter
into the said flat without written permission of the Licensor. The Licensee
admits that the licensor will have right to cut off Water, Electric supply
in case the Licensee or members of his family not vacate the flat.
IN WITNESS WHEREOF the
parties have hereunto set and subscribed their respective hands to this
Leave and Licence Agreement on the day and year first hereinabove written
i.e.----------- the day of -------- 2000.
SIGNED AND DELIVERED by
the )
Within named Licensor
)
--------------------------------------------
)
in the presence of
)
WITNESS
1. )
SIGNED AND DELIVERED by
the )
Within named Licensee
)
--------------------------------------------
)
in the presence of
)
WITNESS
1. )
2. )
RECEIPT
RECEIVED of and from Shri
------------------------------------------------------------, a sum of
Rs.-------------/- (Rupees -----------------------------------------------------------Only)
being Security Deposit as mentioned above.
I SAY RECEIVED
(LICENSOR)
|
|
UNDERTAKING
|
| I, ............., the
Director, __________________________, ______________, _______________,
Mumbai- 400 0 , do hereby state on solemn affirmation as under. I say that
out company is in need of residential premises for the occupation of our
officer and as such I have requested the Licensor ...............................
.........................Mumbai. I say that on the said request the Licensor
has entered into agreement of Leave and Licence dated ........ and thereby
granted Licence in respect of flat No...... ............................
Mumbai, for the total period of ..... years only, on the terms and conditions
as specifically set out in the Leave an Licence Agreement. I crave leave
to refer to and rely upon the same. I say that I will disclose the name
of the persons who will occupy the premises and will furnish the photographs.
I will be responsible for his good behaviors and character. I undertake
to the Licensor on my behalf and behalf of the occupant that after the
expiry of the Licence period ... years. My officer and I will give vacant
and peaceful possession of the said flat to the Licensor. I say that if
the licensee doesn't vacate the premises after the expiry of .... Years
then in that event I have no objection if the Licensor or his agent takes
forcible possession of the premises by removing the lock if the Licensor
takes steps for cutting off electric and water supply to the flat.
Solemnly Affirmed at Mumbai
)
On this day of 2001
)
Before me |
PROBLEMS
ON LEAVE & LICENCE
QUESTIONS
& ANSWERS
| Q.1. |
What
do you mean by License? How the provisions of Rent Act were circumvented
by the licenser? |
| Ans. |
In
legal term, the License is considered as right to do, or continue to do
in or upon immovable property of the grantor, something, which would in
the absence of such a right, be unlawful, and such right does not amount
to an easement or an interest in property. Originally the licensors and
licensees mutually respected the object and purpose of this definition,
however, as there was shortage of premises, commercial as well as residential
some of the licensor became dishonest and wanted to make quick money. These
licensors who in order to circumvent the protection given under Bombay
Rent Act, 1947 and/or to deny the protection given under Rent Act started
drafting agreement styled or labeled as leave and license though in reality
on the basis of facts and circumstances intention was to create tenancy.
Similarly some of the dishonest tenants and occupants started claiming
interest in the property, which subsequently resulted in legal battle.
Question
List |
| Q.2. |
What
are the differences between simple license and bare license? |
| Ans. |
A
license may be of two kinds, a bare license which is purely a matter of
personal privilege and a license coupled with a grant or interest. A bare
license without more is always revocable at the will and the pleasure of
licensor and is not assignable. On the other hand, if a license is coupled
with a grant of interest then the grantor cannot in general revoke it so
as to defeat the grant to which it is incident. A mere license does not
create any estate or interest in the property to which it relates. A license
may be purely personal gratuitous or contractual. The first two classes
are of mere licenses, which are revocable, the third class whether is revocable
or not will depend upon the express or implied terms of the contract between
the parties. A license coupled with grant of an interest in the property
is not revocable. Such a license has been described as a right to enter
on land and enjoy a profit a Pender or other incorporeal hereditament.
To understand the true nature of the relationship between the licensor
and the licensee, the decisive consideration is the intention of the parties.
Where there is no formal document embodying the terms of agreement, the
intention is to be inferred from surrounding circumstances and the conduct
of the parties. A licence is personal both to the grantor as well as the
licensee. It creates no duties and obligations upon the person making the
grant and is therefore, revocable except in certain circumstances expressly
provided for in the Indian Easements Act itself. In order to grant licence
a man need not be its owner. The tenancy rights of an immovable property
are also the immovable property of the tenant and therefore, he can well
grant the licence. But by virtue of section 53 of the Act he can obviously
grant licence subject to the limitation and the extent to which he may
be able to transfer his interest, viz. The tenancy rights. Whether the
act which is allowed to be done is a bare license or something more than
a license will depend on the terms of the transaction. If a person is allowed
to do something on the land without interfering with the nature of the
land or without taking any profits from it, it could be described to be
case of a bare license. Thus if A is allowed just to pass over the land
of B, such an interest can properly be described as a bare license. A merely
walks over the land. He has no right to occupy it. He does not take any
profits out of it. He does not enjoy the land or its profits in any way.
He is merely allowed to do an act on the land, which without permission
would be unlawful.
Question
List |
| Q.3. |
What
are the difference between the Lease and License? |
| Ans. |
a)
A License may be granted without writing or registration, unless it is
coupled with a transfer of an interest in immovable property. An instrument
granting license does not require registration. A lease can only be created
by registered instrument, if it is for year-to-year or for a period exceeding
one year or if it reserves a yearly rent. (New Maharashtra Rent Control
Act, 1999 registration of license, and payment of Stamp Duty and registration
of even monthly tenancy is mandatory (see Section 55) b) A lease creates
interest in the property while license does not lesse can continue in possession
as long as he observes terms and conditions. The licensee has to vacate
after expiry of license or after the death of the licensee. c) In the case
of lease there is an exclusive possession of the premises, but in the case
of license there is a right to use premises without exclusive possession.
There is no exclusive possession. d) A lessee having interest in the property,
if illegally deprived of the possession by the lessor, can bring suit for
the possession but a licensee cannot do so. e) No notice to quit is necessary
to determine a license and to bring a suit for ejectment against the licensee.
But unless a lease is determined by a due notice to quit or in any other
recognized mode, the lessor cannot sue for ejectment against the lessee.
f) A lease is normally a transferable right while a license is not. g)
A lease is a heritable right while a license is not h) A license does not
entitle a licensee to sue a stranger in its own name. A license is determined
when a grantor makes an assignment of the subject matter. i) A lease is
liable to forfeiture on denial by the lessee of the lessor's title. This
principle does not apply to a license.
Question
List |
| Q.4. |
What
precautions should be taken before the premises given on license? |
| Ans. |
That
agreement referring to the leave and license should be on the Stamp Paper
of Rs.20/- and the stamp paper should be in the name of the party to the
agreement and it should be drafted in writing referring to the particulars
of the area of the premises, period of license, amount of compensation
payable, amount of deposit if any and other particulars and it should be
countersigned by two witness. In order to maintain the control over the
premises exclusively possession should not be given and that only duplicate
key should be given by keeping original key with the licensor and stating
that under no circumstances key of the premises will be changed. The Affidavit
of licensee disclosing his full name and address should be taken, stating
that after the expiry of the period of licence he will vacate the premises
unconditionally, if he fails to do so licensor can remove the fixtures
and other articles with the help of police. It will be stated that the
amount of deposit kept by licensee will be forfeited and that the licensee
will be treated as a trespasser and will be liable to pay damages and compensation
which will be more than two times agreed compensation with penal interest
at the rate of Rs.18% or thereabout.
Question
List |
| Q.5. |
Whether
under the Maharashtra Rent Control Act, 1999 the agreement should be in
writing and whether it should be stamped under Bombay Stamp Act, 1958 as
amended or whether it should be registered under Indian Registration Act,
1908? |
| Ans. |
Sub
section (1) of the section 55 of Maharashtra Rent Control Act, 1999 provides
that every agreement for leave and license or letting of the premises between
a landlord and the tenant or the licensee shall be in writing and shall
be registered; under the Registration Act, 1908. Therefore after the commencement
of the Act there cannot be an oral agreement for tenancy or license. It
must be in writing and registered. The non obstinate clause "notwithstanding
anything contained in this Act or any other law" gives an overriding effect
to this provision and it therefore overrides the Transfer of Property Act,
1882, the Registration Act, 1908 and the Easements Act, 1882. The agreement
which is not stamped and registered will not be admissible in the court
of law if action is taken for recovery of compensation or possession of
the property.
Question
List |
| Q.6. |
In
case the licensee does not vacate what are the remedies available to the
licensor? Whether he should file suit in High Court or in City Civil Court?
Whether he should file suit under section 41 of Presidency Small Causes
Court Act? Whether he should file complaint/application before the Competent
Authority under Maharashtra Rent Control Act? |
| Ans. |
It
is depends upon the facts of the case. If the License, where the subject
matter of dispute is more than 10,000/- it will go to the Bombay City Civil
Court and it is more than 50, 000/- will got the Original Side of Bombay
High Court. Such dispute should be license which is not covered under the
Section 41 of Presidency Small Causes Court or which is not covered in
the definition of license under Maharashtra Rent Control Act, which will
file before Competent Authority. Application for recovery of possession
can be made under section 41 only when following conditions are fulfilled.
The immovable property must be situated within the local limits of the
Small Causes Court's jurisdiction. The annual value at rack-rent must not
exceed Rs.2000/- (Bombay Law Rs.10,000/-). The person sought to be removed
by an order must be either The tenant; or One in possession of the property
by permission of another person; or An occupier i.e. a person claiming
under the tenant or permission occupier The tenancy must have been terminated
or the permission to occupy should have been withdrawn. There must be a
request to the occupant to deliver up possession and such request must
have been refused impliedly or otherwise. Application for recovery of possession
can be made under section 24 of Maharashtra Rent Control Act, 1999 in respect
of the premises which are given on licence after 1st October 1987. Such
agreement must be in writing and duly stamped and registered as required
under section 55 of Maharashtra Rent Control Act.
Question
List |
| Q.7. |
Whether
the licensee of the premises of Co-operative Housing Society is Included
in definition of License? |
| Ans. |
In
the definition of License given S.7 (5), a person in occupation of premises
of a Co-operative Housing Society as a licensee is also included. In such
case licensor may be the Society itself or may be its member. When a license
was given by the member, the member is the licensor and not the Society.
Section 7(3) makes only the member the landlord but does not make the Society
their landlords. The position of licensee of a member, Section 7(3) includes
licensor member also, in the definition of landlord as the licensee, but
does not make the society, landlord. The licensor members are not the tenants
of the Society though the bye-laws and tenancy regulations of the society
loosely describe them to be so. Therefore, there is no relationship of
the landlord and tenant between the society and its member's licensees.
On the termination of the member's interest in the flat, his licensee who
has become tenant under this Act, cannot become direct tenant of the Society.
The member cannot be held to be tenant of the Society under S.105 of the
T. P. Act and Section 5(11) of the Act of (now S.7(15) of this Act). Therefore,
member's licensee is not protected when an award for possession is obtained
by the Society against the member. The award is equally binding on the
licensee and he is liable to be removed under the C. P. Code, 0.21, rules
97 and 99. But where members licensee has become deemed tenant, member
can only evict him under S.12 or S.13 of the Act of 1947 (now S.15 or S.16)
Question
List |
| Q.8. |
Which
persons are excluded from the definition of License under Maharashtra Co-operative
Societies Act 1960? |
| Ans. |
The
clause "does not include a paying guest ...... institution" shows that
the persons enumerated therein, though in occupation of the premises, and
though may ordinarily be considered as licensees, however, for the purposes
of this Act are not licensees. These persons are - A paying guest, A member
of the family residing together A servant of the licensor, A persons conducting
the business of the licensor A person having accommodation for rendering
or carrying on medical or Para-medical service or activities on or near
a nursing home, hospital or sanatorium. A person having accommodation in
a hotel, lodging house, guest house, club; nursing home, hospital, sanatorium,
dharmashala, home for widows, orphans or like premises of marriage or public
hall or like premises place of amusement, or entertainment or like institution.
Any premises as (1) belonging to or held (2) by an employee or his spouse
(3) who is temporarily not occupying it, (4) on account of the exigencies
of service or provision for residence attached to his or her post, see
N.17 post, provided that he or she charges license fee for such premises,
not exceeding standard rent and permitted increases and additional sum
for services supplied with such premises. Any premises for conducting a
canteen, crèche, dispensary or other services as amenities by any
undertaking or institution.
Question
List |
| Q.9. |
What
are the provisions regarding the payment of Stamp Duty on Agreement of
Leave and License and on the Lease? |
| Ans. |
Articles
5 of schedule I of the Bombay Stamp Act provide stamp duty for agreements.
The Stamp Duty payable under Article 5 (h) of the Schedule I of Bombay
Stamp Act for agreement of Leave and License will be Rs.20/- as there is
no specific provision as far as agreement of leave and license is concerned.
Article 36 provides stamp duty for deed of lease. Agreement of Leave &
License does not create any right in the immovable property. The deed of
lease creates right in the property as lessee. The Leave and License Agreement
is mere license or permission granted by the owner to guarantee. Section
52 of easement Act is clear on the point. Thus agreement of leave and license
cannot be equated with deed of lease.
Question
List |
| Q.10. |
Is
the stamp duty is payable in respect of agreement of Leave & License
executed under section 55 of Maharashtra Rent Control Act, 1999? What are
the consequences if the agreement is not stamped and registered? |
| Ans. |
Bombay
Stamp Act, 1958 is amended which has come into effect from 1st May 2001.
According to amendment the stamp duty payable as under: -
LEAVE
AND LICENCE AGREEMENT ( 1st May, 2001)
| Where
the Leave and Licence Agreement fee or rent fixed or otherwise |
i)
For a period not exceeding one year without any renewal
clause |
Rs.2000/- |
|
ii)
For a period exceeding one year but not more than three years without |
Rs.10,000/- |
|
iii) For
a period years with or without any renewal clause; |
The
same duty as is Renewal clause leaviable on a lease under article 36 |
| Where
the leave and license agreement security deposit or money advanced
with or without license fee or rent fixed may be and in addition one percent
of security deposit or money advanced or to be advanced |
The
same duty as is executed for leviable under clause
(a)(i) (ii)(iii) as the case |
TOP |
| Q.11. |
Can
the Superintendent of Stamps refuse to entertain documents for registration
on the ground that stamp duty is not paid in accordance with the ready
reckoner? |
| Ans. |
Similar
question came up for hearing and order before the Division Bench of the
Mumbai High Court consisting of Justice B. P. Singh and Justice D.Y Chandrachud
and in their Order dated 12th September 2001 in Writ Petition No.2027 of
2001 in the case of Practicing Valuers Association & ors. Vs. State
of Maharashtra held that the State of Maharashtra will not refuse to entertain
the document for registration on the ground that full stamp duty has not
been paid in accordance with the ready reckoner.
Question
List |
In case, one need further guidance please contact the Secretary, Flat Owners
Association at address given below
(MAHABALESHWAR
MORJE)
Gen.
Secretary.
23,
Hamam Street, 3rd Floor , Above Quality Machine Tools , Fort , Mumbai -
400 023
Tel
: +91-22-22650284/22657291 , Fax: +91-22-22657291
©
Copyright 2002, The Flat Owner's Association, Mumbai.
Updated
On 27th March 2002