Section 52 of the Transfer of the Property Act defines "Licence".
"Licence" is defined as when one person grants to another or defined number of other a right to do or a right to continue to do something in or upon the immovable property of the grantor,the right is called "Licence".
In the absence of such right the same thing becomes unlawful.Furthur,such right should not amount to an easement or an interest in the property.
Rules relating to Licence :
section 53 to 59 of the act deals the rules relating to licence.
They are:-
1. A licence may be granted not only by the owner but by any person who transfers his interest in the property.
2. The grant of a licence may be express or implied from the conduct of the grantor.Similarily an agreement which is to create an easement but in effect may operate to create a licence.
3. All license necessary for the enjoyment of any interest or exercise of any right are implied in such interest or right and are called "Accessory Licence".
4. A licence to attend a place of public entertainment may be transferred by licence unless a different intention is expressed or implied.
5. The grantor of a licence must disclose to the licencee all defects in the property to be dangerous to the person or property of the likely licences.
6. The grantor of a licence must not do anything which will render the licenced property to be dangerous to the person or property of the licencee.
7. When the grantor of the licence transfers the licenced propeerty,the transferee is not bound by the licence and need not recognize the licencee's right.
8. If licencee for consideration is evicted without any fault of his and before fully enjoying,he can recover compensation from the grantor.
Revocation of Licence :
Section 60 of the act explains the "Revocation of Licence".
1. A licence can be revoked by the grantor,but if the licence is coupled with transfer of property,then the licence cannot be revoked.Similarly if the licencee acting upon the licence,has executed a work of permanent character and incurred expenses in the execution,it cannot be revoked.
2. The revocation of a licence may be express or implied.
Deemed Revocation :
Section 62 of the act,deals with the deemed revocation.
1. When the grantor ceases to have an interest in the licenced property due to a cause preceding the grant of it.
2. When the licencee release the licence expressely or impliedly to the grantor or his represnetatives.
3. When it has been granted for a limited period and the period expires.
4. When the licence has been acquired on condition that it shall becomes void on the performance or non-performance of a specified act and the condition fulfilled.
5. When the licenced property is destroyed or permanently altered that the licencee can no longer exercise his right.
6. When the licencee become the absolute owner of the licenced property.
7. When the licence granted for a specific purpose and the purpose is attained or abandoned or becomes impracticable.
8. when the licence is granted to hold a particular office,employment or character and such office,employment or character ceases to exist.
9. When the licence is not totally used for 20 years continuously,without any specific contract for the time.
10. In the case of an accessory licence,when the interest or right to which it is accessory ceases to exist.
Effect of Revocation :
Section 63 of the act,when a licence is revoked the licence is entitled to any reasonable time to leave the licenced property and to remove the goods on them.
This article is very useful to know the Licence in the Transfer of Property.