“UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”
AUTHOR – MS PRERANA PRADEEP BANSODE, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE
BEST CITATION – MS PRERANA PRADEEP BANSODE, “UNDERSTANDING LEAVE AND LICENSE AGREEMENTS IN INDIAN LAW”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 887-895, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Understanding Leave and License Agreements in Indian Law
“In the world of property dealings, leave and license agreements serve as the perfect balance between access and control, redefining the dynamics of temporary property usage in India.” The concept of leave and license agreements in Indian law originates from the Indian Easements Act, 1882, which distinguishes a “license” from a “lease.” Leave and license agreements in India today are widely used for temporary property arrangements, particularly in urban housing and commercial spaces. Governed by the Indian Easements Act, 1882, they offer flexibility without transferring ownership rights. Leave and license agreements in Indian law, governed by the Indian Easements Act, 1882, allow temporary use of a property without transferring ownership or interest. Unlike leases, these agreements provide flexibility for licensors and licensees, making them ideal for short-term arrangements in housing and commercial sectors. Mandatory registration and stamp duty, especially in states like Maharashtra, ensure legal clarity and prevent disputes. Judicial interpretations and technological advancements like e-registration have further streamlined the use in India’s evolving real estate landscape. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate their use in India. Analyzing legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. Ambiguities in distinguishing leave and license agreements from leases, inconsistent state regulations, and challenges in enforcement complicate the use in India. This research analyzes legal frameworks, precedents, and practical challenges to bridge gaps between theory and practice. The aim is to analyze the legal framework and practical challenges of leave and license agreements in Indian law, with the objective of distinguishing them from leases, addressing enforcement issues, and proposing measures for improved clarity and consistency in their application.