The concept of ownership and possession is quite known to us, not theoretically maybe but indeed in the practical context. This principle is one of the important concepts in Jurisprudence, say A is the owner of a piece of land for such proof he should actual show how did he acquire that piece of property, he shall keep with himself the sale deed and conveyance, along with the proof of taxes, and since we are moving towards digitization the Aadhar Card, Biometrics and witnesses if he wishes to give away his property either on the rental basis or leave and licence, preferably. Next is the concept of possession, when A along with all required formalities enter into an agreement with B, regarding the ‘usage’ of property for a time prescribed and consented on the same thing in the same sense for some valid consideration, the possession is acquired. In the modern time, such is termed as Rental Agreement, Leave and License Agreement or Lease Agreement. Such an agreement is the permission from the landlord to the tenant, lessor to lessee Licensor to the Licensee, To use the property with limited rights and only for a limited duration as prescribed in the agreement. The agreement is of the utmost value in such cases, because it holds the interest of both the parties.
The Rent agreement or tenancy agreement and the leave and license agreements are covered in Rent Control Act, tenancy act etc which states and recognises agreements to last for 11 months and not 12 months as it allows the landlord or the licensor to remove the tenant with minimum notice. The leave and licence agreement may or may not be registered. Apart from Rent Control Act, the states for their governance have their own state Rent Control Acts. Example: Karnataka Rent Control Act 1999, Maharashtra Rent Control Act, 1999 etc.
The process involved in creation of rights and transfer of property for usage for certain prescribed time is given down below
Police Verification comes as the last and the mandatory part of the rental agreement and leave and licence agreement with the help of it, one can buy the vehicle with this as a valid proof also can take an LPG connection. The documents related to such document shall be shown to the police and police are to be usually informed by the owner / landlord / licensor / lessor, the verification can be physically done or an online verification can be taken place by uploading documents to the concerned website of police at any recognised Kiosk centre, the uploaded documents are analyzed and verified and the police officer of the rank of Senior Inspector of the concerned locality of jurisdiction may do so and when such verification is approved by police then for 11 months there is no issues
The above-mentioned pointers state the legality and validity of the agreement along with the established legal procedure.
Getting any document or agreement notarized in this context, shows that the document/agreement is duly verified by the notary thereby rendering it with a seal of verification. It supports that the person and his documents are true, valid and legal and not fabricated. It also aids in preventing fraud and forgery of documents and can be legally presented in the courts of law. Registration simultaneously is beneficial in the long run if any legal dispute arises and the matter is moved to the court. In easier language, a notary acts secondary evidence in the court of law whereas the registered can be submitted as the primary evidence.