Legal Documents Library

Leave and License Agreement

1. Licensor(s): __________________________________

2. Licensee(s): __________________________________

3. Property Address: ________________________________________

________________________________________

4. Duration: ____ Months commencing from ______________ to ______________

5. License Fees: ₹ ____________ Per month.

6. Deposit: ₹ ____________.

LEAVE AND LICENSE AGREEMENT

This agreement is made and executed on ________________ at ____________________.

BETWEEN

Name: ____________________________ Age: ____ Years, ________ (Gender), residing at ______________________________ ______________________________

Hereinafter referred to as the "Licensor" (which expression shall mean and include the Licensor above named and also their respective heirs, successors, assigns, executors and administrators).

AND

Name: ____________________________ Age: ____ Years, ________ (Gender), residing at ______________________________ ______________________________

Hereinafter referred to as the ‘Licensees’ (which expression shall include only the Licensees above named).

WHEREAS the Licensor is the lawful and legal owner and is fully seized and possessed of the premises located at ______________________________ ______________________________. The said premises has ___ Bedroom and ___ bathrooms. Hereinafter referred to as "Licensed Premises".

AND WHEREAS the Licensees have approached the Licensor with a request to temporarily occupy the said premises for residential use on a Leave and License basis for a period of ____ months commencing from ______________ and ending on ______________, on terms and subject to conditions hereafter appearing.

Now it is agreed by and between the parties hereto as follows:

1. Period: That the Licensor hereby grants to the Licensees herein a revocable leave and license, to occupy the Licensed Premises without creating any tenancy rights or any other rights, title and interest in favour of the Licensees for a period of ____ months commencing with effect from ______________ to ______________.

2. License Fee: That the Licensees shall pay to the Licensor the amount of ₹ __________ per month (including / excluding* maintenance, if maintenance is to be paid by the licensee) towards the compensation for the use of the said Licensed premises. The Licensee shall pay rent for a particular month in advance on or before the ____ day of the month.

3. Deposit: Licensees shall pay to the Licensor ₹ __________ (Rupees ____________________________ only) interest free refundable deposit, for the use of the said Licensed premises. That the Licensee shall pay the above mentioned deposit by ______________ (mode of payment). This amount shall be refunded by the Licensor to the Licensee at the time of vacating the said premises, after deducting any outstanding license fees,

Introduction

Fundamental Rights are contained in Part III of the Indian Constitution including the right to equality, right to life and liberty etc. Merely providing for Fundamental Rights is not sufficient. It is essential that these Fundamental Rights are protected and enforced as well.

To protect Fundamental Rights the Indian Constitution, under Articles 32 and 226, provides the right to approach the Supreme Court or High Court, respectively, to any person whose Fundamental Right has been violated. At the same time, the two articles give the right to the highest courts of the country to issue writs in order to enforce Fundamental Rights.

What is a writ?

Fundamentally, a writ is a formal written order issued by anybody, executive or judicial, authorised to do so. In modern times, this body is generally judicial. Therefore, a writ can be understood as a formal written order issued by a Court having authority to issue such an order. Orders, warrants, directions, summons etc. are all essentially writs.

A writ petition is an application filed before the competent Court requesting it to issue a specific writ.

What are the kinds of writs?

Articles 32 and 226 specifically provide for five kinds of writs. These writs are issued in different circumstances and have different implications. They are:

Habeas Corpus

‘Habeas Corpus’ literally means “to have a body of”. This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his

HC Reply Against BIFR.doc

BEFORE THE HON'BLE HIGH COURT OF TN AT CHENNAI

CWP No. : ______

Petitioner

Versus

Respondents

Reply on behalf of the respondent No.______________________________

Respectfully Sheweth:

Preliminary Submissions/Objections:

1. That no fundamental or constitutional right whatsoever of the petitioner has been infringed and as such the writ petition is not maintainable. The judgment passed by the Ld. Tribunal below is correct in law and there is no perversity or legal ambiguity in the same so as to call for judicial review by this Hon'ble Court. The petitioner has raised altogether new pleas and brought out new facts in the present writ petition, which are not permissible until and as long the same have been raised before the Ld. Tribunal below and adjudicated upon by the Ld. Tribunal. _______ _______________________.

Reply on Merits

1. That the contents of this para of the Writ Petition are not denied to the extent that the petitioner is a citizen of India. However, it is submitted that the petitioner is not entitled to file or maintain this writ petition before this Hon'ble Court.

2. That the contents of this para of Writ Petition are wrong and denied. __

3. That the contents of this para of Writ Petition are wrong and denied. __

4. That the contents of this para of Writ Petition are wrong and denied. __

5. That the contents of this para of Writ Petition are wrong and denied. __

6. That the contents of this para of Writ Petition are wrong and denied. __

7. That the contents of this para of Writ Petition are wrong and denied. __

8.

WILL GIVING ALL PROPERTY TO ONLY SON

I, ………………………………………………………………………..…………….,

aged…………………………………………………………………………….... year,

residing at………………………………………………………………………………………………………………………………………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.

I hereby revoke all former wills and codicils made by me and by this my last will bequeath and devise all my movable and immovable property whatsoever and wheresoever to my son Mr. _..................................... absolutely

I hereby

WILL GIVING ALL PROPERTY TO ONLY HEIR

I______________________________________________,

S/o ____________________________________________,

R/o_______________________________________________, revoke all former wills and codicils made by me and declare this to be my last will made on this the ____ day of _____.

I hereby revoke all former wills and codicils made by me and by this my last will bequeath and devise all my movable and immovable property whatsoever and wheresoever to my son Mr. ____________ absolutely and appoint him sole executor of this my will

IN WITNESS WHEREOF, I have signed this

WILL FOR WIFE AND CHILDREN

I, …………………………………………………………………………………………………………………... ,

aged…………………………….... year,

residing at…………………………………………………………………………………………………………………………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.

1. I appoint Sh……………………………………………………………….and Sh………………………………………….…..

to be the executors and trustees of this my Will.

2. I have my wife……………………………………………………………….……[NAME]. Unmarried, major

son………………………………………………………………………………………….[NAME]. and one married

daughter………………………

WILL BY PERSON HAVING NO SON

I, …………………………………………………………………...,

Aged …………………………………………………………... year,

residing at………………………………………..………….. do hereby revoke all my former wills and declare this to my last Will and Testament. I further declare that I am in good mental health and in a sound condition of mind.

Now I am 80 years old, I have no son, my daughter is already married. I wanted to make my last will and I do hereby this will revoke all my former wills.

1. I appoint Mr.________________________________,

S/o_________________________________________,

R/o_________________________________________ ,

Mr._________________________________________,

S/o__________________________________________,

R/o__________________________________________

and

Mr.____________________________________________,

S/o____________________________________________,

R/o____________________________________________ to be the executors and trustees of this my will. The said trustees are also appointed as guardian of my children jointly with my wife.

2. I bequeath-

(a) to my daughter Mrs._____________________

WILL BY A HINDU HAVING NO SON

I ___________________________________________________,

S/o_________________________________________________,

R/o_________________________________________________, revoke all former wills and codicils made by me and declare this to be my last will made on this the _________ day of _________.

1. I hereby revoke all former wills and codicils made by me.

2. I appoint Mr.__________________________________________,

S/o___________________________________________________,

R/o___________________________________________________,

Mr.____________________________________________________,

S/o____________________________________________________,

R/o____________________________________________________,

Mr._____________________________________________________,

S/o_____________________________________________________,

R/o____________________________________________________,

And

Mr._____________________________________________________,

S/o_____________________________________________________,

R/o______________________________________________________, to be the executors and trustees of this my will.

3. I appoint the said trustees as guardian of my children jointly with my wife.

4. I bequeath-

(

WILL BEQUEATHING ALL PROPERTY TO WIFE FOR LIFE

I____________________________________________,

S/o__________________________________________,

R/o___________________________________________, revoke all former wills and codicils made

by me and declare this to be my last will made on this the _______ day of ________.

1. I hereby revoke all former wills and codicils made by me.

2. I bequeath all my money and other movable property whatsoever and where so ever to my wife

Mrs. ___________________________________ absolutely.

3. I devise all my lands and other immovable property to my wife Mrs.________

WILL APPOINTING AN EXECUTOR

I, AA, aged ____________ years,

son of ___________________________________________,

resident of________________________________________, do hereby make and declare this as my LAST WILL and TESTAMENT whereby I leave, bequeath and give to ___________________________(my wife/son/daughter) all my property, movable and immovable which I may be possessed of or entitled to at the time of my death.

AND I HEREBY APPOINT her (or him) the said _____________________________________, sole executrix (or executor) of this my Will.

IN WITNESS whereof

I, the said AA., have hereto

HINDU GIVING LIFE ESTATE TO WIFE - PROPERTY TO CHILDREN - APPOINTING GUARDIAN

THIS IS THE LAST AND ONLY WILL OF ME,

AA, aged about _______ years,

son of ______________________________, of _______ and

now residing at. ___________________________in the city of______________________

I hereby appoint my wife, __________________and eldest son, _____________________, joint executors of this my Will but if my said wife would marry before administration of my estate is completed or any one of the aforesaid executors should predecease me then the survivor shall act as sole executor of this my Will.

If any of my children should on my demise be minors then I direct that my friend Shri________________________, if he be alive, together with one of my major sons assume joint guardianship of the property of the said child or children.

I leave and bequeath all my movable property in my residential house and the

HINDU - ABSOLUTE ESTATE TO