leave and license- joint owners
our family has an office space which is in joint names of both my sisters,
one of the sister ( 1st name on share certificate ) gave my mother a power of attorney to give the office on leave and license and do all formalities on her behalf
i went to register a leave and license agreement at the registrar’s office but he said get the power of attorney of both sisters, my lawyer said that there was a judgement passed regarding this matter whereby any 1 owner can let out the premises by giving a power of attorney to someone else, i ahve asked the lawyer to give me the copy of the judgement, please can i have your expert views on this matter ? my other sister is out of india and she will visit us after 8 months,
also we have decided to gift the gala in my mothers name and my name, for that one sister ( 1st name on share certificate ) has given a power of attorney to the 2nd sister to gift the gala in my mothers and my name, so that when my sister comes i dont need to have the other sister also for registering the agreement, is this ok ? both the sisters live in different cities and not easy for them to be together out here at once
rgds
anek
2 Replies
Hi,
Under Indian laws, both co-owners must either be parties to a lease agreement with the lessee or a co-owner must authorise the other co-owner by virtue of a POA.
The recent order by the Supreme Court only provides that payment of rent by a lessee to one co-owner is a valid discharge in favour of the lessee.
Please feel free to contact at (harsh.kumr[at-the-rate-of]gmail[dot]com) should you require any further clarifications.
Regards
Harsh
“The recent order by the Supreme Court only provides that payment of rent by a lessee to one co-owner is a valid discharge in favour of the lessee.”
Can you please provide details of the relevant judgement.
Thanks.