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Leave and License vs. Rent Agreements in India for NRIs – Differences and Benefi

A leave and license agreement are a form of contract through which written permission is granted by the owner of the property to another person to use and to occupy the property for specific reason and the possession and control over the property retains in the hand of the owner. The agreement contains all the terms and conditions mutually agreed between both the parties and for the usage of property.

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Leave and License vs. Rent Agreements in India for NRIs – Differences and Benefi

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  1. Introduction • NRIs often rent out property in India for income. • Choosing between Leave & License and Rent Agreement is crucial. Leave and License vs. Rent Agreements in India for NRIs • Both have legal and practical differences that impact NRIs. Understanding the Differences and Benefits Presented by: NRI Legal Services

  2. What is a Leave and License Agreement? • Written permission to use property without transferring possession. • Owner = Licensor | Occupant = Licensee. • Control and possession remain with the owner.

  3. Benefits of Leave and License Agreement • Control remains with licensor. • Easy eviction process. • Protection of security deposit. • Flexible, clear terms. • Legal clarity, no tenancy rights. • Exempt from rent control laws.

  4. Legal transfer of possession in return for rent. • Owner = Landlord | Occupant = Tenant. • Possession and enjoyment rights transferred for fixed duration. What is a Rent Agreement?

  5. Benefits of Rent Agreement • Legally enforceable. • Defines rights & duties of both parties. • Registered for validity. • Clear eviction process under rent control laws. • Reduces chances of disputes.

  6. Key Differences (Comparison Table)

  7. Leave & License: ✅ Short-term flexibility ✅ Easy eviction ✅ Avoids rent control laws Rent Agreement: ✅ Strong legal protection ✅ Better for long-term tenancy Which One Should NRIs Choose?

  8. Both agreements protect NRI property interests. • Choice depends on duration, control, and legal complexity. • Always consult a legal expert before execution. • Proper documentation = Fewer disputes ✅

  9. https://www.nrilegalservices.com 0121-5650566

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