Struggling Landlord
25 January 2020 at 12:03
Can I demand compensation / damages higher than the agreed rent under Order XV-A of CPC ? Case in brief is .. My tenant is very old since 1965-66 and is paying Rs 1000/- for 1000 sq ft shop block since 1965. He is governed under rent control act (MhRC 1999). whereas he is also a landlord having equally valuable property just 1 km from shop block. which he has rented since 2000 @ rate of Rs 65/- per sq ft per month. (ie he is getting Rs 1.60 lakh + rent and he is paying me Rs 1/- per sq ft since 1966. We (my late father in 1981-82) ) have initiated fair rent proceedings under repealed act which was replaced by Maharashtra RC act 1999 in 2000 .. but due to my fathers ill health and some other priorities that case was not prosecuted well and got dismissed somewhere in 2006-7. My father told me that legal process is very tidious and time consuming and since he is also landlord he may vacate if you (me) want shop for bonafied need ... So in the year 2011 I reuested to vacate 50% portion of shop. he replied orally that his tenant bank is lease expiring soon Dec-2011 so after that we will shift our business. So relying on his words I waited for year and enquired bank manager for there vacacy, he told some negotiatios are going on .. so i waited till 2014 and finally filed bonafied case .. that case is still pending almost 5 years over . he is paying Rs 1/- per sq ft .
My humble request / query to this estimed forum that "Can I ask to tenant to deposite compensation (more than Rs 1/- may be Rs 50+ per sq ft its current government value rate which is lower than market rate which is Rs. 100+) under Order XV-A of CPC and continue to deposite some per month rent as compensation from date of filing of bonafied need since as per my knowledge and past experience this case may take another 10 years+? we were not able to fight earlier because of financial plight ..but now i came across this forum and from my last experience I had very good response from your forum and i am ready to support reasonable amount if my query get resolved / sugestiion ... thanks in advance
Devaraj
24 January 2020 at 13:25
Dear Sir/ Madam,
I need your opinion regarding my Ancestor property a Land 2 acre Granted under Service Inam (Karnataka village offices) to my Grand father during in 1929, He had total 6 children 3 sons and 3 daughters And my Grand father died before 1960 and there after during 1967 As per opposition party he is saying my Father and one of my father's elder brother sold 2 acre to his mother with a sale deed, and all this sale deed transaction detail we came to know when we got order copy from Tahsildar in 2013 in the case running from 1982 where sale deed number mentioned in that Oder copy and As per the Order given in 2013 this land land sold in between 1963 to 1978 where no bar for alienation and before enactment of Karnataka village abolition Act and this is the case familiar to Basheer ahmed Vs State of Karnataka so sanction this land to Baravadar's legal heirs and Due to demise of Buyer make katha and RTC in the name of their legal heir by obtaining necessary application from them like how order given on 2013 order copy, And There after in 2013 we got summons from the opposite party saying You misreading the order and misunderstand the same by knowing order is given in favour of you, like that he mentioned in the summons and we did not attend court even he also not attend for that case and later that case disposed in 2017 by saying Seems Plaintiff not interested to prosecute the case There fore suit is dismissed for the default for want of steps like how given order for his case for summons in 2017. And after i obtained that certified copy of Sale deed from the sub register office in 2018 Due to my mother health issue i was not able to take action immediately since 2012 and still said land not regranted to any one, And now My question is my Father used to say when he was alive I did not sold the property to any one even not made any signature like that he was saying So i have doubt that It could be a fabricated sale deed, So in this regard please guide me how can i cross check the sale deed whether it is real or fake, also does Hindu succession act applicable to this property and as per that can i reclaim the land now, For my Father we 3 children and For my father's elder brothers One died without marry and another brother died without issue so we are the legal heirs left to my Grand father, So Can we reclaim the service inam land back to our possession, Is it possible Also want to Inform in 1967 my father age was 14 so is that sale deed be valid as my father was minor during that time if he really done that sale deed.
Madhu Mittal
20 January 2020 at 20:12
A civil suit was filed against two persons who are son and father and borrower and guarantor respectively in 2008 in Session court. After fighting on limitation, they stopped to come to court , therefore ex-party decree in favour plaintiff i.e.us in 2011.
The execution petition was filed and a letter under Right to Information was put to Jaipur Development Authority,Jaipur in reply thereof a JDA informed that there is a house of 50 square yards in the name of Guarantor, so court was requested to sale the said plot for decreed amount.
The auction order was pasted at the door of the said house in 2012. Then a new thing came to knowledge that the said house was sold in three parts to three person Mr. X (in 2011), Y and Z at different times, and Mr. X purchased all remaining parts from Y and Z also before 2012. Mr. X contested against the sale of the house on the ground that he purchased the house though in three parts, but by Regd Sale deed.
Y has purchased shop (one part) made in the house by violating Jaipur Development Authority Jaipur rules.
The rules of JDA, Jaipur were violated at all times:
1. Sub division was done of 50 square yards house, by selling three parts to three persons, which can not be done as per The rules of JDA, Jaipur, so as per me sale of parts of House even with Regd Sale deed is void ab intio as it is against the statute.
2.Shop in the house was made and sold as shop in Regd sale deed also, again can not be done as per The rules of JDA, Jaipur, so as per me sale of part of House by making shop in it, even with Regd Sale deed is void ab intio as it is against the statute, as house was for residential purpose.
3. until and unless, transfer is done in the name of purchaser, in the records of JDA,Jaipur, it is not complete.Thus the person Y and Z who purchased parts of house , even with Regd Sale Deed, has not got it transferred in their name, and so they can not sale again those parts simply to Mr. X .
4.No public notice was issued by Purchaser Mr. X at the time of purchasing any Part of the House.
Plaintiff has also placed reliance on a case named Jit Singh and Ors. vs. Piara and Anr. Decided on 11.03.2003 by Hon’ble Punjab and Haryana High Court.
Now in the decision of Session Court on 05.12.2019, all objections of plaintiff were ruled out and it is said that there is regd sale deed in favour of X, so it does not make any difference if the house is still in the name of guarantor in the records of JDA,Jaipur and nothing said about the decision cited Jit Singh and Ors. vs. Piara and Anr, and thus house belongs to Mr. X (purchaser) and released from the execution and ordered to give details of another property of borrower/guarantor.
Now please guide whether in your opinion, the decision is correct or challangable. And Remedy to Plaintiff i.e. creditor, if any about this house.
Anonymous
20 January 2020 at 12:37
My father has a paghri flat in a building since 1994.
The building is quite old and got several notice (2-3 notice in last 10 years) from KDMC for building being unsafe for residentials I have just shifted on rent to other place after getting married.
Due to safety issue I am willing to take my parents with me to stay in my rented flat.
Can landlord sue us for non occupancy in such scenario? Do I have any legal stand in such case? We do not have any other our own property.
PS. Building is fully occupied with tenants and landlords who are still staying in the same premises. Please advise
Parag
19 January 2020 at 17:30
I had given my premises on leave and license basis to a lady for her tours/travels office. She is absconding. Her LL fees PDC cheque has returned yesterday. Her husband said that she has borrowed money from market and probably fleed. He has intimated the police that she is missing. Her husband and her father are ready to hand over the keys and end the contract. They dont hold her POA. Her furniture is still there in the said premises and electronics is not there. In this case, will it be alright if her relatives end this contract or should I file a eviction suit?
Anonymous
19 January 2020 at 14:00
I hold a residential property in Mumbai jointly with my mother. My mother's name is first followed by my name, now she has passed away recently what is the procedure for the transmission to my name is there any form required for the society to be submitted. Please advice. My mother nominated my wife as the nominee, and I am only son.
Anonymous
19 January 2020 at 13:53
Hello ,
My mother purchased plot during the year 1987 , she took loan in 1991 on that plot for house construction and pledged documents in the bank.
Loan was cleared by 2003 during her retirement, due some accounts issues plot documents not released by Bank.
My mother expired in 2006 , but she has not done any WILL.
In 2011 some X person sold the plot to Y by forging my mother signature.
What is the legal procedure now to get the land to legal heir which is me her Son.
Anonymous
18 January 2020 at 17:20
My father died in August 2013 and we 3 sisters and 1 brother had equal share. Now the share certificate shows 4 names as the members as per the Will and nominations. My brother refused to resolve the matter and is in possession of the Flat. In August 2019, he too passed away. We notified thru a letter to make changes to the share certificate, but they are asking for succession certificate. Can we 3 sisters sale the flat? We are ready to give our brothers's share to his family. Please advise.
Anonymous
18 January 2020 at 10:13
Hello I am planning to purchase a Heavy deposit flat. But the broker is charging a huge amount as a brokerage charge. Please help me with the percentage charges as per law.
Any broker over here and has some property on heavy deposit..please let me know..
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Can i get compensation (high than agreed r) as order xv-a ?
Can I demand compensation / damages higher than the agreed rent under Order XV-A of CPC ? Case in brief is .. My tenant is very old since 1965-66 and is paying Rs 1000/- for 1000 sq ft shop block since 1965. He is governed under rent control act (MhRC 1999). whereas he is also a landlord having equally valuable property just 1 km from shop block. which he has rented since 2000 @ rate of Rs 65/- per sq ft per month. (ie he is getting Rs 1.60 lakh + rent and he is paying me Rs 1/- per sq ft since 1966. We (my late father in 1981-82) ) have initiated fair rent proceedings under repealed act which was replaced by Maharashtra RC act 1999 in 2000 .. but due to my fathers ill health and some other priorities that case was not prosecuted well and got dismissed somewhere in 2006-7. My father told me that legal process is very tidious and time consuming and since he is also landlord he may vacate if you (me) want shop for bonafied need ... So in the year 2011 I reuested to vacate 50% portion of shop. he replied orally that his tenant bank is lease expiring soon Dec-2011 so after that we will shift our business. So relying on his words I waited for year and enquired bank manager for there vacacy, he told some negotiatios are going on .. so i waited till 2014 and finally filed bonafied case .. that case is still pending almost 5 years over . he is paying Rs 1/- per sq ft .
My humble request / query to this estimed forum that "Can I ask to tenant to deposite compensation (more than Rs 1/- may be Rs 50+ per sq ft its current government value rate which is lower than market rate which is Rs. 100+) under Order XV-A of CPC and continue to deposite some per month rent as compensation from date of filing of bonafied need since as per my knowledge and past experience this case may take another 10 years+? we were not able to fight earlier because of financial plight ..but now i came across this forum and from my last experience I had very good response from your forum and i am ready to support reasonable amount if my query get resolved / sugestiion ... thanks in advance