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bharat khatwani Online   17 June 2024 at 19:28

Termination of rent agreement

Pl. check out rough draft of termination of tenancy. Pl.suggest ways to strengthen it,.... Without Prejudice
Date: {today's_date}
To: Mr. ******
Address: **********
Subject: Formal Notice of Tenancy Termination Pursuant to the Transfer of Property Act, 1882

Dear Mr. *******

This communication is written on behalf of the lawful owner of the premises situated at ***********. It serves as an official notice for the termination of your tenancy agreement, as outlined in Section 106 of the Transfer of Property Act, 1882.

The termination of this agreement is based on the following compelling reasons that necessitate immediate attention:

Change in Ownership: Following the recent transfer of my client's family residence in accordance with their late mother's wishes, they are no longer in possession of a personal residence within Ahmedabad. This situation triggers the termination clause within the tenancy agreement, allowing them to reclaim the property for their own use.

Property Damage and Unauthorized Construction:

On August 11th, you reported filling a large cavity in the property. However, you simultaneously expressed concerns about the house becoming structurally unsound, raising serious questions about the cause of the damage.
Unfortunately, rather than engaging constructively to address these issues as outlined in our letter dated September 10th, 2023, your response consisted of a legal notice filled with inaccurate claims. We subsequently elaborated on this point in our communications dated November 11th, 2023, November 26th, 2023 (reminder of the first letter), and January 15th, 2024. Furthermore, your response deflected from addressing the potential structural concerns, constituting a violation of trust.
In the absence of a cooperative response, my client was compelled to contact the Ahmedabad Municipal Corporation (AMC) to investigate the situation. Their findings revealed that the extension of sewer and water pipelines at the property lacked the necessary permits.
We hereby request that you, within the next 30 days, provide a certificate from a qualified civil engineer confirming that the unauthorized construction of the pipelines did not contribute to the reported structural damage. Failure to comply with this requirement may necessitate legal action under the Act to rectify the damage caused and recover any outstanding rent.

Additionally, the AMC findings revealed unauthorized construction of outbuildings (bathroom, WC, and kitchen) on the property. You are required to oversee the demolition of these structures under the supervision of a qualified engineer. Once complete, you must provide a completion certificate from the engineer verifying the satisfactory demolition. As part of the move-out process, you are also required to furnish clearance certificates from the Ahmedabad Municipal Corporation (AMC), Torrent Power, and the Revenue Department, confirming that all outstanding utility bills and property taxes have been settled.
Verification of Rent Payments:
We refer to your legal notice which included a check for ₹3,600. Additionally, your claim of consistently depositing rent payments directly into the designated bank account requires verification. We request that you provide documented proof of these rent payments within the next 15 days. Acceptable documentation includes bank transaction receipts or account statements demonstrating the alleged direct deposits. Furthermore, you are required to collect all outstanding rent payments, including but not limited to the aforementioned ₹3,600 ONCE AGAIN , by providing a cheque, demand draft, or cash, whichever is most convenient for you.
Please be advised that failure to comply with the directives outlined in this notice and to vacate the premises within 30 days from the date hereof will necessitate further legal action to safeguard my client's property rights and enforce the termination of the tenancy agreement.
Your cooperation in ensuring a smooth transition and preserving the structural integrity and legal status of the property is paramount. Should you require clarification on any aspect of this notice, or have any inquiries, please do not hesitate to contact me directly.
We anticipate your understanding and prompt compliance with the conditions laid out herein. Thank you for your immediate attention to this matter.

Sincerely,

[Your Name]


Anonymous   11 June 2024 at 22:25

Legal notice with baseless claims

My Tenant sent legal notice on 25/09/2023 claiming Rs 400,000 on basis of 24 year old oral agreement by my father before his death for renovation. tenant did not mention this in his letter dated 11/08,Did not mention it in his Reply of my notice of 25 Aug.2011,tenant did not send WA ,SMS, ETC, tenant has not given details of expenses, amount is highly inflated this amount is enough to build totally new house, double in size, it violates provisions of limitation act 1963,this claim is made to sidestep content of my letter dated 10/09.In this letter I had asked details about pipe lines layed by tenant without my informing me and without seeking permission of municipal authorities.

raju   02 June 2024 at 22:23

Industrial dispute

In private care centre employee appointed as adm manager but his nature of duties were of clerical like typing entering data in computer work and filing of papers. My query is can he be defined as workman under the industrial despute act. His salary was less than 20000/- per month

Anonymous   31 May 2024 at 17:28

Regarding daily wages regularization

I need legal advice regarding my appointment as a daily wage worker (data entry operator) in NIT Raipur in 2013, with not- sheet approval. I am working still now.

Om Ali   23 May 2024 at 12:50

Builder money fraud on property, refuse to give back money

Dear Sir
Good Day

Hope you all are doing well

I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.

At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below

1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.

It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police

Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,

Thanks you all with all for your time reading and suggesting.




Thanking you
Samy

Ajay Malshe   18 December 2023 at 05:49

Federal hsg society by laws

Why Federal Hsg society by laws are not openly available on net like CHS by laws, or
Society not circulating to all house owners by g mail?
2)Whether these by laws are same to all states?
3)Whether some clauses can be added or modified by Apex society
by resolution like adding additional directors (maybe secondary) or sub committee
to look after maintenance functions n make suggestions.
My email address malshe.ajay8@gmail.com
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

gk   13 July 2023 at 13:08

acts to form an apartment owners association - kerala

Dear Peers,
Pranam.

Regarding the subject, whether various Acts are available as a Legal reference /documents to form an Apartment Association in Kerala State?

OR Compulsorily we should follow some specific Acts in Kerala?

Please advise.

Thanking you
Regards
Gopalakrishnan

jobstervijay   28 July 2022 at 04:36

Lawyer sending unauthorized notice

there are 2 instances but in both lawyer sent unauthorized notice
I manly need to know cpc for sending notice, do they need authority letter /consent letter and how to report such mal practice

1) recently copyright notice was sent to one publisher on behalf of another, accuser denies sending such notice in call but not giving in writing, when asked lawyer he said he sent notice on behalf of another lawyer ,another lawyer is found to frnd of accuser

2) when one person was selling flat paper notice was published on behalf of his wife ,but wife not accepting/denying such notice ( her being adamant is one of reason divorce case pending )



where to approch to force lawyer to prove authority
plz note,wordis force

gurinder singh   27 July 2022 at 14:34

Vat penalty

e way bill expired due to a sudden storm on hills as vehicle had to take shelter for few hours for storm to pass. VAT officer intercepted and asking to deposit tax and penalty. I asked trader to pay tax and I will pay penalty as he will get his tax refund, adjusted subsequently. Trader is not agreeing. He says his CA has advised him that he will not get his tax amount back. This seems illogical to me as govt will logically not take tax twice on same goods. Am I right or the trader is right?

Read more at: https://www.lawyersclubindia.com/forum/penalty-under-vat-for-expired-e-way-bill-225228.asp

Anonymous   26 July 2022 at 19:01

Cancellation of bail

Respected Experts,
I am a Newly Enrolled Advocate need some guidelines from the seniors,
Please guide me with caselaw for Cancellation of bail of an Accused who is released on Bail under section 375 IPC.