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Legality for Leave and Licence Agreement


18-Aug-2026 (In Property Law)
Dear Sir, 1)I have a gifted residential flat in my name in a CHSL which was gifted to me by my late Father through a Registered Gift Deed.The CHSL's Share certificates in my name. 2) Before more than One year ago, I received a Legal notice jointly from my sisters, husband of my deceased sister, wives of deceased brothers mentioning that Gift Deed made is fraudulent, illegal so,I cannot give for leave and license. 3) IS IT LEGAL FOR ME TO GIVE ABOVE MENTIONED FLAT ON LEAVE & LICENCE ? Thanks
Answers (4)

Answer #1
723 votes
Yes you are the lawful owner of the flat and you can use it as the way you want, you can also sell the property if they are harassing you too much and buy another property with the money, also apart from legal notice to cancel a registered gift deed they will need to challenge it in court and for that they will need to pay 2 - 2.5 % court fees on the market value, filing fees and many other expenses sto get the registered deed cancelled, also, it will take atleast, 5-6 years of court cases to get the judgement
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Advocate Moksh Jain

Adv. Moksh Jain

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Answer #2
889 votes
Yes, you can generally give the flat on leave and licence if the registered Gift Deed is valid and the CHSL share certificate stands in your name. A mere legal notice alleging that the Gift Deed is fraudulent does not by itself cancel your ownership. The Bombay High Court has recently held that such disputes over the validity of a registered gift deed require adjudication by a competent civil court.
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Advocate Riddhi Pratap Bothara

Adv. Riddhi Pratap Bothara

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Answer #3
593 votes
if the gift deed is duly registered in the office of sub-registrar of assurances by your late father then you are the true and legal owner of the flat and can do with the flat as you feel like including giving it on leave and license agreement.
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Advocate Juned Khan

Adv. Juned Khan

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Answer #4
542 votes
until they file a suit and get your leave and license stayed through a court order you can give that flat on leave and license basis. and if they have claimed knowledge of you being in possession of the flat or the CHSL's share certificate being in your name for more than 3 years in their legal notice then they won't be able to proceed in the court as well
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Advocate Smith John Colaco

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