Consent to Sublease Agreement - Template, Sample Form Pro · IN-law
✓ Valid in India · drafted to comply with local law
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CONSENT TO SUBLEASE AGREEMENT
This CONSENT TO SUBLEASE AGREEMENT ("Consent") is made and executed on this ________, at ________.
RECITALS
WHEREAS by a Deed of Lease ("Master Lease") dated ________, executed BY AND BETWEEN ________, son/daughter/wife of ________, residing at/having its registered office at ________ (________) (hereinafter referred to as the "Lessor") of the ONE PART AND ________, son/daughter/wife of ________, residing at/having its registered office at ________ (________) (hereinafter referred to as the "Lessee") of the OTHER PART, and duly registered in the office of the Sub-Registrar at ________ on ________, under Serial No. ________ (Book No. ________), the Lessor demised the property more particularly described herein unto the Lessee for a term of ________, on and subject to the covenants, terms and conditions therein contained.
AND WHEREAS the Lessee, in its capacity as Sub Lessor, desires to sublet the Leased Premises to ________, son/daughter/wife of ________, residing at/having its registered office at ________ (________) (hereinafter referred to as the "Sub Lessee"), and the Lessor has agreed to grant its consent thereto on the terms set out herein.
The Lessor, the Lessee and the Sub Lessee are hereinafter collectively referred to as the "Parties" and individually as a "Party".
WHEREAS:
I. This Consent is granted pursuant to and in respect of the Sublease deed dated ________ for a period commencing on ________ and expiring on ________ (the "Sublease"). A copy of the Sublease is annexed hereto as Annexure-1.
II. The Master Lease is valid and subsisting as on the date hereof and has not been terminated, forfeited or surrendered.
III. The Lessee, as Sub Lessor, is in lawful physical possession of the property situated at:
________ (hereinafter called the "Leased Premises").
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, and intending to be legally bound, the Parties hereby agree as follows:
§ 1. Grant of Consent. Upon and subject to the terms and conditions hereinafter set forth, the Lessor hereby consents to the Sublease of the Leased Premises by the Lessee to the Sub Lessee.
§ 2. Compliance with Master Lease. The occupancy and use of the Leased Premises shall remain subject to the terms and conditions of the Master Lease dated ________, and both the Lessee and the Sub Lessee shall at all times comply with the same.
§ 3. Consent Fee. The Lessee shall pay to the Lessor a one-time consent fee of Rs. ________ (Rupees ________) towards the subletting of the Leased Premises.
§ 4. Continuing Liability of Lessee. Neither the Sublease nor this Consent shall release or discharge the Lessee from its liability and obligations under the Master Lease, and the Lessee shall at all times remain liable to the Lessor for the due observance and performance of all covenants and conditions set forth in the Master Lease.
§ 5. Assumption of Obligations. The Sub Lessee agrees to assume and be bound by all applicable obligations and responsibilities of the Lessee under the Master Lease in respect of the Leased Premises for the period commencing on ________ and ending on ________.
§ 6. Remedies for Breach. Any violation of any provision of the Master Lease shall render both the Lessee and the Sub Lessee liable, and the Lessor may pursue all remedies available under the Master Lease and all other remedies available in law or in equity against both the Lessee and the Sub Lessee.
§ 7. No Variance. This Consent shall not be construed as consent or approval to any variance with the Sublease or the Master Lease, nor shall it reduce the obligations of the Lessee under the Master Lease or increase the obligations of the Lessor in any manner whatsoever.
§ 8. Precedence. In the event of any inconsistency, conflict or difference between this Consent or the Master Lease on the one hand and the Sublease on the other, the provisions of the Master Lease and this Consent shall prevail.
§ 9. No Further Subletting. The Sub Lessee shall not further sublet, assign, part with possession of, or otherwise transfer the Leased Premises or any part thereof to any third party without the prior written consent of the Lessor.
§ 10. Permitted Use. The Sub Lessee shall use the Leased Premises only for the purpose permitted under the Master Lease and shall not use the same for any illegal, immoral, nuisance-causing or unauthorised purpose, and shall comply with all applicable laws, rules and regulations in force from time to time.
§ 11. Maintenance. The Sub Lessee shall maintain the Leased Premises in good condition and repair and shall not make any structural alterations or additions to the Leased Premises without the prior written consent of the Lessor.
§ 12. Additional Space. The Sub Lessee shall obtain prior written consent from the Lessor for any addition to or extension of the space occupied. The Lessor reserves the right to approve or reject any such request at its sole discretion.
§ 13. Insurance. A copy of the insurance certificate obtained by the Sub Lessee in respect of the Leased Premises shall be annexed hereto as Annexure-2. The Sub Lessee agrees to furnish to the Lessor a copy of the insurance renewal certificate at least 30 (thirty) days prior to the expiry of the existing policy.
§ 15. Limited Consent. The foregoing Consent applies only to the Sublease dated ________, and shall not be construed as consent to any other subletting, nor shall this Consent be construed to release the Lessee from any of its obligations under the Master Lease.
§ 16. Reservation of Rights. The Lessor reserves the right to pursue all remedies available to it in the event of the Lessee's breach of the Master Lease, irrespective of the performance or non-performance of the terms of the Sublease by the Sub Lessee.
Lessor address:
________
Email: ________
Lessee address:
________
Email: ________
Sub Lessee address:
________
Email: ________
§ 18. Stamp Duty and Registration. The stamp duty and registration charges payable on the Sublease and on this Consent, if any, in accordance with the Indian Stamp Act, 1899 (as applicable in the State/Union Territory) and the Registration Act, 1908, shall be borne and paid by ________.
§ 19. Entire Agreement. This Consent constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, agreements and understandings, whether oral or written, relating to such subject matter.
§ 20. Dispute Resolution. Any dispute, difference or claim arising out of or in connection with this Consent shall, in the first instance, be resolved amicably between the Parties; failing which, the same shall be referred to and finally resolved by arbitration by a sole arbitrator to be appointed mutually by the Parties, in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be ________ and the language of arbitration shall be English.
§ 21. Governing Law and Jurisdiction. This Consent shall be governed by and construed in accordance with the laws of India, and subject to § 20, the courts at ________ shall have exclusive jurisdiction.
§ 22. Severability. If any provision of this Consent is held to be invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
§ 23. Counterparts. This Consent may be executed in counterparts, each of which when so executed shall be deemed an original, and all such counterparts together shall constitute one and the same instrument, binding on all the Parties hereto.
IN WITNESS WHEREOF, the Lessor, the Lessee and the Sub Lessee have executed this Consent on ________.
________ (Lessor)
Dated: ________
__________________________
Signature
________ (Lessee)
Dated: ________
__________________________
Signature
________ (Sub Lessee)
Dated: ________
__________________________
Signature
WITNESSES:
1. Name: ________, Address: ________
__________________________
Signature
2. Name: ________, Address: ________
__________________________
Signature
The undersigned, being a duly appointed Notary Public, located at ________, certifies that on this date the above-named persons appeared before me, were properly identified to me, and did sign the foregoing instrument.
IN TESTIMONY WHEREOF I subscribe my name and affix my notarial seal on this ________ day of ________ 20________.
_______________________
Notary Public
Address: ________
Registration/Notarial Register No.: ________
Attachments:
Annexure - 1 - A copy of the Sublease.
Annexure - 2 - A copy of the insurance certificate.
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