05-04-2012, 05:58 PM
Grant may be express or implied
The grant of license may be express or implied form the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.
Comments
Express grant: An express grant of a license may be in writing or may be oral. There is no requirement that the grant should be in writing. The law does not require any formalities for a license. AIR 1950 All. 661. An instrument creating a license as such does not require registration though if the license is coupled with a transfer of property, for the purpose of making the transfer of property effective, the instrument must be effected in consonance with the provisional of the transfer of property and the registration acts. Thus if the transfer of property is of such a nature that the instrument effecting it requires compulsory registration, and if the instrument which was intended to effect the transfer of property as well as the license is not registered, the instrument falls to effect the transfer of property but operates to certain a license. The license so created, though it would have been irrevocable if the transfer of property accompanying it were effective, would merely remain a revocable license, because the transfer of property fails. In short, for the creation of a license, no writing is necessary.
The grant of license may be express or implied form the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a license.
Comments
Express grant: An express grant of a license may be in writing or may be oral. There is no requirement that the grant should be in writing. The law does not require any formalities for a license. AIR 1950 All. 661. An instrument creating a license as such does not require registration though if the license is coupled with a transfer of property, for the purpose of making the transfer of property effective, the instrument must be effected in consonance with the provisional of the transfer of property and the registration acts. Thus if the transfer of property is of such a nature that the instrument effecting it requires compulsory registration, and if the instrument which was intended to effect the transfer of property as well as the license is not registered, the instrument falls to effect the transfer of property but operates to certain a license. The license so created, though it would have been irrevocable if the transfer of property accompanying it were effective, would merely remain a revocable license, because the transfer of property fails. In short, for the creation of a license, no writing is necessary.