Hi, Recently moved into a house as a tenant for a span of 11 months. I have a registered lease and license agreement. One of the clauses reads that the landlord will not permit reissuance of passport mentioning current residence as present address. I would like to know if this is permitted under Indian property and passport laws. In case such a clause is illegal i would like to know the act number and name which specifies so. I would also like to know what recourse can be taken so that i can safely reissue my passport.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1. This is personal agreement between the parties and law of the land has nothing o do with it.
2. if signature of landlord is not required for re issuance of passport you can nevertheless use this address.
3. Such clause is though not illegal and if you have problem you can shift to another location.
1) it is at the licensor discretion to permit you to use his flat address as address proof for issuance of passport by you
2) if there is such clause in agreement you cannot use the said address as your temporary address for reissuance of passport
3) your best option is to terminate your agreement and take another premises on leave and licence wherein licensor had no such qualms of using his residential flat as your address proof
The condition for lease or rent has been incorporated by the landlord, if you are not agreeing to the terms you may look for some other place for rent.
The landlords do not want to get into this obligation for submitting to the verification formalities by the police for passport issues because they may not be willing to get into legal hassles due to this.
Therefore, there is no question of legality in imposing such conditions by the landlord.
There is a recent amendment in law stating that police verification s not required for re-issuance of passport. No police verification is required for reissue of passports, the government said today. “For reissue of passports, police verification is not required, provided the first passport had been issued on the basis of clear police report,”
there is no fix format for lease & license. landlord has right to make conditions regarding tenancy but that condition should be legally valid under rent control act. Maharashtra rent control act does not empower landlord to prevent tenant to use it as his temporary address. You have right to give it for passport and renew your passport on this address. If a condition is void it has no force in law. If you do so it cannot make any actionable claim for landlord. Article 19 provides a fundamental right to live at any place of India and use it as address for any legal purpose.
The beauty of an agreement is that you can incorporate any clause therein, except which is specifically forbidden by the law of the land, the effect of which is to abrogate or limit any of your rights. So if the deed has been executed with this clause as a part and parcel then the clause binds you.
I am getting contradictory statements. Some lawyers say i am bound by the clause and another says the clause in itself is violation of my fundamental rights. Please provide more clarity. Mr Shivendra Pratap Singh ,according to you - "Article 19 provides a fundamental right to live at any place of India and use it as address for any legal purpose. " I looked up article 19 on the net, not sure if i read it right however i did not see a clause which mentions i have the right to use the address for legal purposes. Could you please elaborate, i am sure i am reading the article incorrectly.
1) A Licence to Occupy is a legal contract between ‘the Licensor’ and the licencee
2) you could have refused to accept the terms and conditions and not signed the leave and licence agreement but once you sign the contract it is binding upon you
3) clause is not in violation of your fundamental rights
The clause certainly binds you as you agreed to it. If people are allowed to agree on something and then refuse the performance of the agreed act it will defeat the object of reducing rights and liabilities to writing. Article 19 is immaterial to your case.
There is no question of using residential address for legal purpose or illegal purpose.
The clause mentioned in your original post namely "One of the clauses reads that the landlord will not permit reissuance of passport mentioning current residence as present address." have been inserted by the landlord for his safety purpose and he cannot be asked to remove the clause. If you want to enter into rental/lease agreement you may have to abide by the condition he imposed, or else you can look for a better place of your choice. No doubt you have rights to live and reside in any art of the country but you cannot take rights in the place where the owner refuses to accommodate you. There is no such protection of rights in constitution that you can force your rights on anyone curtailing his rights. Letting his premise on rent or lease with standard conditions by the landlord is his right, you may have to abide by the conditions if you want to go ahead with the tenancy or look for a place where you get conditions free accommodation on rent except rental amount.