Articles of Agreement made at mumbai this …….. Day of. , 2006 between:
(1) Mr / Mrs………………………………………………, an Adult,Indian presently
residing at ……………………………………………………………………………
the context or meaning hereof, be deemed to mean and include his heirs, executors
and assigns AND
(2) Mr / Mrs……………………………………………… , an Adult, Indian presently
residing at ………………………………………………………………………………
hereinafter referred to as ‘the licensee’) which expression shall, unless it be repugnant
to the context or meaning hereof, be deemed to mean and e his heirs, executors and assigns
AND WHEREAS the licensor has, at the request of the licensee, agreed to grant to the
licensee, mere temporary use and occupation of the licensed Flat premises situated at……
……………………………………………………………………………………………
………………… purely on leave and license basis upon certain terms and conditions
mutually agreed upon.
AND WHEREAS the parties hereto are desirous of recording the terms and conditions of their
agreement in writing.
Now these presents’ witnesses and the parties hereto agree as follows:
1. Period: The licensor hereby grants to the licensee on leave and license basis, mere
temporary use of the licensed office/Flat premises mentioned above, admeasuring area of
about. Sq……. ft. for a term of …12 months w.e.f. …………………….. To …………
2. Licence fee: The licensee agrees to pay to the licensor a licence fee amounting to
Rs…………(………………………………………….), Per month for the use and
occupation of the licensed premises. The licence fee for the 12 month shall be payable in
advance and the Licensor shall issue a receipt to the licensee for the same.
3. Deposit: The licensee shall keep with the licensor a sum of Rs……………………
......................………… Only), as interest free refundable deposit during the period the
licensee continues to occupy the licensed premises for the due observance and performance
of the terms and conditions of this agreement. The licensee has, on or before the execution
of these presents, paid to the licensor the deposit amount, the receipt whereof, the licensor
hereby admits and acknowledges.
4. Outgoings: The licensee hereby undertakes to pay the electricity charges, regularly.
Electricity charges, bills shall be payable as per the bills from the date of handing over the
licensor to the licensee up to the date of vacation of premises.
5. Taxes and other levies: The present Municipal taxes, Society charges, and all other
outgoings in respect of the licensed premises shall be borne by the licensor.
6. Registration & Stamp Duty: Registration and Stamp duty charges, if any, shall be
borne by the licensor and licensee equally.
7. Representations by the Licensor: The Licensor hereby declares that: -
i. The Licensor is lawfully entitled to give the Flat premises on leave and license basis.
ii. There are no outstanding amounts payable by the licensor in respect of payments
towards electricity, telephone, or any other dues up to the date of granting the licenses.
8. Representations by the Licensee: The licensee hereby declares and undertakes they
shall not:
i. Make any further structural alterations to the licensed premises without the prior written
consent of the licensor.
ii. Conduct or allow to be conducted, any illegal or unlawful activities in the licensed premises
iii. Fail to use the licensed premises with due care and diligence.
iv. Use the premises for any purpose other than it’s own residence use.
v. Cause any damage to the licensed premises (reasonable wear and tear excepted) and in
such an eventuality, repair the same to the satisfaction of the licensor.
vi. Encumber, create any liability or induct any third party in the licensed premises.
vii. Claim any right, title or interest in the licensed premises or any part thereof.
viii. Do or omit to do anything to jeopardise or frustrate the title of the licensor to the
licensed premises.
ix. upon the expiry or termination of this agreement whichever is earlier, fail to hand over
peaceful and vacant possession of the licensed premises to the licensor forthwith.
9. Right to inspection of the premises: The Licensee, after receipt of 24 (twenty four)
hours prior notice from the Licensor, agrees to permit the Licensor, their agents or
representatives to inspect the premises during normal business hours to verify the condition
of the same.
10. Restriction on Liability: The Licensor shall not be responsible or liable for any theft, loss,
damage or destruction of any property of the Licensee lying in the licensed premises.
11. Keys of Licensed Premises: The Licensor shall provide the Licensee a duplicate set of the
keys for the licensed premises for their use. It is hereby agreed between the parties that mere
provision of a duplicate set of keys shall not be construed as creating any right or interest in
favour of the licensee.
12. Non-transferability: It is hereby agreed that the licence created by this agreement is strictly
personal and non-transferable.
13. Right of Licensor absolute:
i. This agreement shall not be construed as creating any right, interest, easement, lease,
tenancy or sub-tenancy in favour of the licensee in or upon the licensed premises or any
part thereof.
ii. The Licensor may transfer, dispose off or deal with the licensed premises in any manner
whatsoever provided that any such transfer, disposition or dealing shall not in any manner
affect the permissive right granted to the licensee there under to use the licensed premises.
Any such transfer or disposition shall always be subject to such permissive right of the
licensee during the tenure of this agreement.
14. Termination: Either party may, during the tenure of this agreement, terminate the same by
giving to the other 2 months notice in writing.
5. Refund of Deposit: The licensor shall refund the deposit, after deducting the amount due
from the licensee in respect of the license fees or the outgoings if any, immediately upon the
licensee handing over the possession of the licensed premises. If the licensor fails to repay the
deposit on or before the licensee handing over the possession of the licensed premises, the
Licensee shall be entitled to occupy the premises without payment of any monthly fee or other
compensation up to and including the date of refund of deposit and further the Licensors shall
be liable to pay simple interest at 18% (eighteen per cent) per annum to the licensee for the
excessperiod the deposit is retained by him.
16. Consequences of Breach: In the event there is a default in payment of the deposit or the
lence fee for any month, whether by reason of non encashment of the cheque or otherwise or
the licensee contravenes any other provision contained herein, the Licensor shall issue a notice
to the Licensee to remedy the defect within the time specified in the notice. Upon failure to
remedy the defect within the specified time, this license shall stand terminated with immediate
effect. The licensor shall, without prejudice to any other remedy under the law, be also entitled to
forfeit the deposit and recover damages for any loss caused to him.
R E C E I P T
Received from..………………………. , the sum of Rs________________________
(Rupees__________________________ Only), drawn on ……………bank,………
…………….. branch vide Cheque No._____________ , Dt.__________, being the
interest free deposit hereinabove mentioned.
I say recive
( Licensor )