licence

Section 52 of the Indian Easements Act, 1882 defines a licence as a right granted by one person to another to do something in or upon the grantor’s immovable property which, without that right, would be unlawful, where the right does not amount to an easement or an interest in the property. A licence is personal: it cannot be transferred and is generally revocable, except as provided in Section 60 (licence coupled with a transfer, or where the licensee has executed permanent work on the faith of it).

The test to distinguish lease from licence is the intention of the parties, judged from the substance of the document; exclusive possession points to a lease but is not conclusive. The spelling in Indian statutes is “licence” for the noun, “license” for the verb.

Example

The paying guest had only a licence and could be asked to leave without a suit for eviction under rent law.

In Indian law

• Sections 52 and 60, Indian Easements Act, 1882
• Associated Hotels of India Ltd. v. R.N. Kapoor, 1959 INSC 89: lease and licence distinguished

See also

lease · easement · trespass · possession

Read more in the study notes

• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Classification of administrative action (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• History and evolution of banking in India (Banking Law)