Sponsored Links


Results 1 to 1 of 1

Thread: Who many grant license

  1. #1

    Word Icon 35px Jpg.ashx Who many grant license

    Sponsored Links1


    Who many grant license

    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.

    Sponsored Links
    Attached Files Attached Files

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Replies: 0
    Last Post: 01-15-2015, 12:39 AM
  2. Replies: 0
    Last Post: 08-23-2012, 10:45 PM
  3. Principles governing grant of injunction
    By vustudents in forum Easements Act 1882
    Replies: 0
    Last Post: 05-04-2012, 07:28 PM
  4. Grant may be express or implied
    By vustudents in forum Easements Act 1882
    Replies: 0
    Last Post: 05-04-2012, 05:58 PM
  5. Who may grant easement “any one” discuss it briefly ?
    By vustudents in forum Easements Act 1882
    Replies: 0
    Last Post: 05-01-2012, 01:09 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
-: Vuhelp Disclaimer :-
None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us.
Online Education | JhelumSoft