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Sanjay   15 December 2009 at 11:23

"leave and licence agreement" or lease

Dear Experts,

I have a spare flat in Delhi that I want to rent. I am aware that the laws in India are very landlord unfriendly and the tenant may refuse to vacate at the time of expiry of the agreement. I want to structure the agreement in such a way that such a risk is totally avoided. I am also interested in registering the written agreement. Essentially I want to do everything by the book, so that I am protected in the case of any mal-intentions on the part of the tenant.

1. I have heard that the agreements one can enter into are either a lease agreement or a "leave and licence" agreement. Is that true?

2. Also I believe the "leave and licence" is more favourable to the landlord. From anecdotal evidence I believe that "leave and licence" are more common in Mumbai and lease agreements more common in Delhi. Is that because there is a difference in the law between the two states?

3. Paying additional charges such as registration and stamp duty are not a concern to me. I believe that entering an agreement for less than 12 months (say 11 months) is a good way to protect the landlord from the tenant laying any claim to the property. Is that true or does the tenure of the "leave and licence" or lease not matter?

4. From my understanding of the above points it appears to me that a "leave and licence" agreement with a tenure of 11 months would provide maximum protection to me as a landlord (I can renew the agreement every 11 months). Is that true for an apartment located in Delhi? Also does this provide me a watertight protection or is there still a chance of the tenant refusing to vacate and the case lying unresolved in the courts for a long time?

Thanks and regards,
Sanjay

ss   15 December 2009 at 10:23

Court fee

Pl. clear doubts about the term value of the suit for the purpose of fees and prescribed court fees stamp. What is the exact meaning of these legal terms generally required in filing civil suits under CPC.

ss   15 December 2009 at 09:54

Regarding limitation

Please clarify the following points:-

1. What is the term that 'the suit filed by the plaintiff is barred by limitation?

2. Whether certain valid grounds is required mandatarily for application of the clause barred by limitation?

3. What is the rule of limitation application in various civil suits filed under CPC?

Anonymous   14 December 2009 at 23:43

Regarding suit for possession and damages

In a property dispute in Delhi mother filed suit for possession and damages against her son on the basis of unprobated Will of 20 years back. There are total three legal heir in this property including mother. The owner of the property died 20 years back leaving no Will. Pl. advise me on the following points:-

1. Is this suit filed by mother against her son valid in the eyes of law, if not pl. given the reasons?

2. What are the relevant rules available in the CPC for dismissal of above said case in the court?

3. Reference of Judgement passed by the courts on the above said cases?

Aditya   14 December 2009 at 14:31

Tenant Evacuation procedure

Sir,

We have an owned house situated in Hyderabad which was given on rent to a person (Tenant) who runs a catering business. We have given the house for residence purpose some 5 years before for a rent of Rs.5000. Now the tenant has moved out his residence to some other place and has locked our house. He stpped paying the rent from last 10-11 months. He is not ready to vacate the house and want us to pay him for handing over the possession. As informed by the neighbours, he is using our house to facilitate his catering business. We do not have any written agreement with him. He is cliaming that he initially agreed to pay Rs.3000 and have been paying Rs.5000 and now he want us to return the differential amount with a premium for the entire tenure of 5 years. This is an Independent house of 5 rooms and 2 halls and one kitchen. We still have one of the room under our posession. But now we cannot access even that room as the main gate is locked by him. I would like to understand if there is any provision in the law through which we can get our house vacated.

Thanks,
Aditya

sneha   14 December 2009 at 12:36

transfer of property

what are the formalities to transfer the proerty to heirs

Anonymous   14 December 2009 at 11:50

Tenant and revenue dues of agriultural lands

we have agricultural land in maharashtra which was owned by my grandfather. Due to office work we never visited the land and also not paid any revenue tax.
Now on the website of govt. of maharashtra regarding land records we can see my grandfather's name on 7/12 extract. can we use this information. Is this authentic? Also there are names of some people shown as "sadhe kul" in marathi which I presume as ordinary tenants. Can I sell the land? what about the so called tenants? the revenue dues for more than 20 years? how are revenue tax calculated and the penalty on dues?

ss   14 December 2009 at 00:56

Regarding forged signatures

In a property case the defendant submitted a photocopy of Will by forging the signature of the testator. The Will is under challenge. Pl. advice me on the following points:-

1. What are the methods to identify the difference between original and forged signatures ?

2. Can after conducting scientific test it will establish the age of paper and ink produced by the defendant and claiming original Will ?

3. Name of the well reputed forensic test centre legally approved by the govt. of India.

4. Can forsensic test result differs from each other in such cases ?

5. What sort of action required to be adopted if a Will is found having forged signature of the testator and provision under different section of IPCs for punishment?

Anonymous   13 December 2009 at 01:05

DISTANCE LEARNING COURSE IN PROPERTY LAW

Is there any online / distance learning course in property laws.

ss   12 December 2009 at 23:43

Regarding probate of Will in Delhi

In a partition suit case filed in Delhi the defendant submitted a photocopy of Will made 20 years back. The Will has been prepared with the forged signature of testator. The Will produce in the Court is unprobated/unregistered. The property belongs to three legal heirs and one legal heir filed partition suit. Pl. advise me on the following points:-

1. What is the legal procedure to probate a Will in Delhi and whether it is mandatory or not ?

2. Latest order of the High Court of Delhi or Delhi govt. on the above said issue.

3. What are the demerit required to be pointed out before court particularly in above said case?