Differences between Lease, Agreement to Lease & License

  • August 6, 2020
  • CA Chandan Agarwal's Office

Section 105 of the Transfer of Property Act, 1882 define Lease as:- ‘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 a specified occasions to transferor by the transferee , who accept the transfer of such terms.

The Transfer of Property Act, 1882 does not define: “Immovable Property”, it has given an exclusive definition that,” Immovable Property”, does not include standing timber, growing crops or grass.

The Registration Act, 1908 defines “Immovable Property” as follows: “ immovable property shall include land, buildings, hereditary allowances, rights to way, lights ,ferries ,fisheries or any other benefit to arise out of land or things attached to the earth or permanently fastened to anything which is attached to the earth but not  standing timer, growing crops or grass.”

The General Clauses Act, 1897 defines as follows; “immovable property”, shall include land, benefit arise out of land and things attached to earth or permanently fastened to anything attached to the earth.”

Read more on: https://taxguru.in/corporate-law/lease-agreement-lease-license-differences.html

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