Licence Agreement Property for India

Licence Agreement Property Template for India

A Property License Agreement under Indian law is a legal document that grants permission to use and occupy a property for a specified period without creating any interest or tenancy rights in the property. This agreement, governed by Indian property and contract laws, establishes the terms and conditions for property use, including license fees, duration, permitted activities, and obligations of both parties. It provides a more flexible arrangement than a lease and is particularly suitable for temporary or specific-purpose property usage, while ensuring compliance with Indian registration and stamp duty requirements.

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What is a Licence Agreement Property?

The Property License Agreement is a crucial document in Indian property law that provides a flexible alternative to traditional lease arrangements. This agreement type is particularly useful when property owners wish to grant usage rights without transferring any interest in the property. The License Agreement Property format is commonly used for commercial spaces, temporary arrangements, or specific-purpose usage where the intent is to maintain the owner's absolute control over the property. It must comply with the Transfer of Property Act, 1882, Indian Contract Act, 1872, and relevant state-specific property laws. The agreement typically includes detailed terms about property usage, license fees, duration, maintenance responsibilities, and termination conditions, while ensuring that the arrangement cannot be construed as a lease under Indian law.

What sections should be included in a Licence Agreement Property?

1. Parties: Identifies and provides full details of the Licensor and Licensee, including their legal status and addresses

2. Background: Explains the context and purpose of the license agreement and brief description of the property

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Grant of License: Specifies the exact nature and scope of the license being granted, including any restrictions

5. Duration: States the term of the license, including start date, end date, and any renewal provisions

6. License Fee: Details the amount, payment schedule, and method of payment for the license

7. Security Deposit: Specifies the security deposit amount, terms of holding, and conditions for refund

8. Permitted Use: Clearly defines how the property may be used by the Licensee

9. Maintenance and Repairs: Outlines responsibilities for maintaining and repairing the property

10. Utilities and Outgoings: Specifies responsibility for utility payments and other property-related expenses

11. Rights and Obligations: Lists specific rights and obligations of both Licensor and Licensee

12. Termination: Details circumstances under which the agreement can be terminated by either party

13. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and establishes jurisdiction

14. Notices: Provides the procedure and addresses for serving notices under the agreement

What sections are optional to include in a Licence Agreement Property?

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Sublicensing: Include when sublicensing rights need to be explicitly granted or prohibited

3. Force Majeure: Include when protection against unforeseen circumstances is required

4. Alterations and Improvements: Include when the Licensee may need to make changes to the property

5. Environmental Compliance: Required for properties where environmental regulations are significant

6. Intellectual Property Rights: Include when the licensed property involves or contains intellectual property

7. Assignment: Include when transfer of rights needs to be addressed explicitly

8. Dispute Resolution: Include when specific dispute resolution mechanisms like arbitration are preferred

What schedules should be included in a Licence Agreement Property?

1. Property Description: Detailed description of the licensed property including address, measurements, and boundaries

2. Inventory List: List of fixtures, fittings, and equipment included in the license

3. License Fee Structure: Detailed breakdown of license fee, including any escalation clauses

4. House Rules: Specific rules and regulations governing the use of the property

5. Maintenance Schedule: Detailed maintenance responsibilities and schedules

6. Floor Plans: Architectural plans or drawings of the property

7. Handover Protocol: Procedure and checklist for property handover and return

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Licensing Agreement

Sector

IP

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Commercial Property

Retail

Education

Healthcare

Hospitality

Information Technology

Manufacturing

Warehousing

Co-working Spaces

Entertainment

Religious Institutions

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Administration

Compliance

Risk Management

Property Management

Corporate Services

Business Development

Relevant Roles

Real Estate Manager

Property Manager

Facilities Manager

Legal Counsel

Contract Manager

Operations Director

Business Development Manager

Corporate Real Estate Manager

Asset Manager

Compliance Officer

General Counsel

Property Administrator

Real Estate Director

Chief Operating Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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