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Sreenath   02 March 2012 at 01:05

House owner refusing to give the security deposit amount

Dear Sirs,

My name is Sreenath P.V,currently residing in Chennai. and my problem is regarding the security deposit amount of Rs 50000,which I have not yet received.

Before moving from Mumbai to Chennai,I have been residing in the Flat 834,Bldg 42, Mangal Darshan Cooperative Housing Society,Samta Nagar, Kandivali East, Mumbai 400101, from 06/May/2011 to 20/Jan/2012 .

I have got this flat through a proper agreement 24/April/2011 to 23/March/2012 ,from broker named Shailesh, Monarch Real Estate Consultants,Gokul Residency Shop #17 Thakur Village Kandivali East Mumbai -400101, Mumbai, Maharashtra on behalf of the owner Mrs Asha.P.Bandekar.

I was paying a rent of 11500 /Month.

As per the agreement if the tenant vacates before 6 months then there is a liable amount to be paid to the owner but after the tenant have completed a stay of 6 months , the tenant can give a notice period of 2 months and vacate the flat.

On Dec 19th,2011 ,I gave a verbal notice to the Broker Shailesh of Monarch Real Estate Consultants and on 23rd Dec 2011, I have provided the notice in written.I have vacated the flat on 20th Jan 2012 in the presence of another staff from Monarch Real Estate Consultants,Ashok- 9757444262, who verified that the flat is in the same condition as it was provided to me(have the recorded audio of the same) .

But after that the harassment began. As I was never provided with the owners address or number ,I was unable to contact the owner from my end .The only person whom I can contact is the Broker: Shailesh. When I asked the status , I was told by the Broker Shailesh that owner is not in India and so he was unable to give the letter of notice to her.

After a numerous amount of calls finally I was told that if someone else occupies the flat by that time I will get my deposit amount back.

Finally the owner arrived in Mumbai on Jan 10th 2012 and I was shocked when I got to know from Broker that I have to be there for the entire tenure of my agreement which would be from 24/April/2011 to 23/March/2012 and that she did not accept my notice application which is ridiculous. And till now this broker has not given us any contact details of the owner as he kept on saying that the owner was a senior citizen and that she is not willing to interact with the tenant directly.And I was only informed through the broker that until someone occupies the flat I will have to pay the rent till the end of agreement even after giving two months notice which is absolutely baseless.

I have sent a registered post and emails which is attached here.

The records of the conversation is also also available with me as they rejected my written notice and refused to give any acknowledgement.

Now Am being told that I wont be getting the amount till someone occupies the flat and the Broker is threatening me that I wont be getting my amount at all.

I would like to take a legal action against this broker and the owner who do not seem to be respecting any law.

Please suggest what could be done on this. What is the procedure for taking a legal action against them.Also people say that it may take years to solve the case and i would have to run behind it.I dont know what to do. Any help would be greatly appreciated .

Thanks in advance ,
Sreenath

My number is 9920229109/9840564625.

SULAKSHANA D. WANARE   01 March 2012 at 16:48

Change of name in birth certificate of my daughter

My daughter was born on 25th March 2011, we wish to change her name in the birth certificate but we are not being allowed to do so by the Nagpur Municipal Corporation Dharampeth Zone Office, we have been following up with them for almost 9 months or more on the same, but they are refusing to us saying that now it is not possible.

I have read one article in Times oF India dated May 24, 2006 where it is been said that there is ammendment to the Registration of Birth and Death Act 1969 where it says that changes in the name will be allowed to be made only once in person's lifetime in manner prescribed and payment of prescribed late fee. In the same article it has been given The Maharashtra Government has suggested to allow the name change within one year from the date of registration.

Kindly let me know has this ammendment taken place.

Looking forward for the copy of amendment of the RBD Act 1969

Thanks and Regards
Sulakshana

ars   01 March 2012 at 16:08

Retrospective effective date of agreement

can an agreement be made in current date with retrospective date as the effective date?

that is can i make an agreement today - 1/3/12 by writing in the opening line as " This agreement made on 1/3/2012" and in the clause of validity can I mention that " this agreement shall come in to effect from 1/10/2011 and valid up to 31/03/2013" ?

is it valid in law, if both the parties agree to this ?

pl. revert at the earliest.

SANTOSH KUMAR BEHERA   01 March 2012 at 15:00

Are renewal of sc certificate require.

Dear Expert's


I am belongs from schedule caste and I obtained my SC certificate in 2002 i'e when i am going to take admission in to the college.The purpose of certificate issued "for higher study" is mentioned in the certificate.My education is finished now and I am seek to take employment in Govt. sector.

Whether I should obtained a new certificate for employment purpose or that old one will be enough for the purpose.

Kindly advice in this matter.


With Regards
Santosh kumar Behera

SUSANTA KR MUKHOPADHYAY   28 February 2012 at 20:29

Value of stamp duty

MY QUERY IS IN RESPECT OF TERM LOAN AGREEMENT OF BANK IN WEST BENGAL IN HOWRAH DISTRICT,VILAGE AND POST PENRO DIS HOWRAH
WHAT IS THE VALUE OF NON-JUDICIAL STAMP PAPER REQUIRED IS IT RS10/- OR RS20/-.SO ALSO I CASE OF GUARANTEE AGREEMENT OR INDEMNITY?

SUSANTA KUMAR MUKHOPADHYAY,WEST BENGAL HOWRAH

Priyanka Sanchania   28 February 2012 at 18:58

Transfer of mustard seeds from up to rajasthan

Hello All,

Kindly let me know the legal documents required to transfer agro commodity mustard seeds from UP to Rajasthan warehouse. This is not sale.

Thanks

UMESH KENE   28 February 2012 at 11:34

Hakka sod patra

Is it mandatory to register Hakka Sod Patra under Indian Registration Act?
If Yes , under which section ?
If Yes , what will be the registration fees?
If Yes, whether stamp duty is also to be paid?
what is amount of stamp duty or rate in case of Hakka Sod patra?

sanjoo   28 February 2012 at 10:49

Probate of will

Dear Sir, my grandfather received a Will from his aunt in 1940. His aunt died in around 1944. My grandfather died in 1998. Now my query is can i apply for probate of Will as i am the only class-1 heir of my grandfather? or i can only apply for letter of administration? Kindly give your precious advice in this matter.

suhas digambar kharadkar   28 February 2012 at 10:48

Maharashtra ulc act

We have asked for certain documents of ULC case under RTI to Asst Commissioner of ULC Pune . They have replied that the file does not exist in your name. As per our records there is a file in our name under ULC . In RTI appeal the dist RTI commissioner has ordered the ULC authorities to produce the documents within a period of two months or if the same has been destroyed / discarded show the record that it has been destroyed. failing which criminal action will be taken . However even after two months they have not produced the documents and written a reply to RTI commissioner with a CC to us that the record is two old and they cannot find the same file. and they have also expressed their inability to produce the same . In such a case what is the course of action available to us
Should we approach the RTI commissioner

DV Rao Advocates-Hyderabad, (C   28 February 2012 at 00:10

Why shall advocacy differ with judiciary under common law?

Either the Advocacy or the Judiciary must follow the law and obey the law.

Either Petitioner’s Advocate or the Defendant’s Advocate must follow the law for pray the relief. The rule of practice never says to pray for any relief against the law or to give support to the wrong doers. So, If we analyze the Judgement it shall be support the winning Advocate for maximum of 60% and the defendant Advocate for a minimum of 40%. Other wise it can create the opinion that the defendant Advocate either not following the law or he/she is supporting the wrong doers.

The Judiciary also must follow and obey the law for giving Judgments, Hence the Judiciary must frame the rules on the every petition like as PIL. If the defendant Advocate fail to get a relief of at least 40% according to his prayer, then the Judiciary award him/her with penalty. Because here law is common to all these.

Then, The qualitative legal service can be expected and legal service can reach the poor.The wrong doers also will fear to approach the Court.

Hence, The percentage of crime rate and corruption, Pendency can be controlled in our country.

Sincerely
DVRao,
Practicing Advocate,
Supreme Court of India