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A license may be granted by any one in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the license.
Comments
Owner: The language of section 53 is almost identical with that of section 8. A person can impose an easement over his property can also grant a license in respect of it. A person who has a transferable interest in immovable property can grant a license in respect of it co-extensive with his power to transfer. A full owner of immovable property, provided he is competent to contract, can always grant a license over the property. A co-owner of property who has mortgaged his interest in the property with possession has no right left which he can pass to another by granting a license. But if such co-owner is joined by the other co-owner in granting a license the licensee is entitled to the right over the entire property. ILR 7 Bom. 336. It was pointed out in this case that a co-owner may lawfully enjoy the whole property in any way, which is not unreasonable or destructive of the property, and whether he may license another to do. When the practical effect of the license is the same as the effect of a sale or of a perpetual lease, the same principles should be applied to the case of a license as apply in the case of transfers of a joint a Hindu family. The provisions of section 53 of the act make it quite clear that a license can be granted only under the circumstance and to the extent to which the transferor could execute a transfer of the property. An irrevocable license to make constructions over the sir land belonging to a Hindu joint family granted without consideration or legal necessity by a member of the joint family is not valid. AIR 1953 All. 406. A person having life-interest in the property cannot grant any license whether revocable or irrevocable so as to last after his death or after ceasing of the life-interest. AIR 1975 Raj. 178.
Other persons: A person other than as owner who has a transferable interest in the propert may also grant a license. It was observed in the case of Mohinder Singh v. Narain, AIR 1983 P & H, that it is not only an owner who can grant a license, but even a person who can transfer his interest in the property, is also competent to grant the same under section 53, easements act. Where the management of a nazul land vested in a municipal committee, it could grant a license thereof to any person and deliver possession to him. 1969 Cur. LJ 589.
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