Community › Forums › Legal Advice India › How do i prevent things like “Kabza” / taking over my property? Also how to make sure that the tenants are trustable? What agreements should i consider when giving my property on rent?
- This topic has 7 replies, 3 voices, and was last updated 1 year, 2 months ago by
Sushmaowl44.
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SSushmaowl44
PARTICIPANT
April 21, 2025 at 5:20 pmI’ve heard stories about people taking over properties if left unvisited and some refusing to leave. Some even claim ownership with fake property papers (Jao Karlo court case and case will go on for 5 to 10 years) and if I wanted to sell that property, it would become disputed property.Also i didn’t properly understand the difference between rent agreement and leave & license agreement. Some please guide me.
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SSilentrajnish997
PARTICIPANT
April 21, 2025 at 8:32 pmI just executed a leave and license agreement.
There are 3 kinds of agreements which give various rights to tenants.
1. Lease agreement extending beyond one year- most beneficial to tenants and least beneficial to owners.
2. Rental agreement- still preferential and partial to tenants as long as they pay rent.
3. Leave and license agreement – least benefit to licensees. Most beneficial to owners.
The license agreement gives anyone the license to use the premises for a certain period of time for a certain amount of license fees to be paid periodically. It establishes there residing party is only licensing the premises for specific purposes. Any other usage would be a violation and subject to immediate eviction.
It’s like software license. You have a license to use windows. You cannot debug it. You cannot modify it. You cannot decode or reverse engineer it.-
SSushmaowl44
OP
April 22, 2025 at 7:29 amso i think i should go with leave and license right?-
SSilentrajnish997
PARTICIPANT
April 22, 2025 at 4:20 pmIt’s your choice. I have told you options.-
SSushmaowl44
OP
April 22, 2025 at 8:32 pmwhat would you have done?-
SSilentrajnish997
PARTICIPANT
April 22, 2025 at 8:40 pmI already said. I chose leave and license agreement.-
SSushmaowl44
OP
April 22, 2025 at 8:47 pmsorry i didn’t read the first line my bad
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BBrightseeker9869
PARTICIPANT
April 22, 2025 at 12:01 pmLawyer here based in Delhi. The initial agreement which gets executed, holds a lot of value in such future disputes. So make sure you get the agreeme drafted and vetted by a good lawyer.
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