Argha Mitra
05 March 2019 at 14:01
Leave and license issue
I have a residential property in Mumbai, which was given on Leave and licensee for a period of 11 Months with Stamp Duty,Registration paid under Govt of Maharashtra, “ Leave and Licensee Act” with interest free security deposit of Rs.79,000 And Rs.26,600 as monthly Licensee fee from Dec’18, with a clause of 6 months lock in from either of the side like this LOCK IN PERIOD: “Both the parties have agreed to set a lock-in-period of 06 months during which neither the Licensor shall ask the license to vacate the premises, nor the licensee shall leave the premises on his own during the lock-in period. In spite of this mandatory clause, if the Licensee leaves the premises for whatsoever reason, he shall pay to the Licensor licensee fee for the remaining lock-in period at the rate of agreed upon in the agreement. On the other hand, Licensor shall compensate the Licensee for loss and inconvenience caused to the Licensee if he has been asked to vacate the premises”.
Every month by 5th of the Month in advance, Licensee Fee needs to be paid. From 5th of Jan till today My Licensee has not paid any rent citing the reason of First two months-HE IS IN ABROAD…On 15th of February I had written him: Good evening Mr. Sachin. Hope doing well. This has reference to your last whats app message requesting to continue to stay in my Flat and showing the intention to honour the terms of the Leave and License agreement .. In spite of your violation of the payment terms of the agreement, I may still consider your request subject to your confirmation to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019 & further confirm that henceforth all monthly compensation starting MARCH’2019 will be Honored and made on or before the 5th of every month in advance as per the terms of the agreement. You undertake to pay other services provider including but not limited to Electricity, Gas, Cable on or before the respective due date & shall not allow any accumulation of dues, penalties and disconnection of services, kindly note that the above concession is subject to all other Terms & Conditions mentioned in the agreement and does construe to be a waiver of any terms & conditions mentioned therein. Look forward to your confirmation. On this the LICENSOR replied with “OK done”.
Since on 2nd of March ’2019, when Licensee didn’t credit any over dues License fee in my given account, I again written him through Whats App: Good evening Mr. Sachin. Hope doing well.This has reference to your last Whats App message confirmation on 15/02/2019 to pay me the outstanding over dues Licensee Fee of Rs.26,600/ month for the months January & Feb’2019 forthwith by doing a NEFT transfer by 02.03.2019… But till I hve not received any credit confirmation of same.. Please update and provide me the UTR number of crediting above fund… Awaiting for your confirmation. On which, He replied me through Whats App on 4th of March is “ Yes I will paid rent installments”. In the meantime due to no-payment of Electricity Bill, my electric meter was being taken away by MSEDCL, which also I informed to him, although He didn’t care much for it..
At this juncture:
My query is: 1) What should I do??? As I understand he is taking the advantages of 6 months Lock in period without paying any rent.
2) Since all the Communications are through Whats App, whether that will have legal bindings in case of I need to go to Court?? How will be My chances of evicting him through Court and how much time it might take??
3) Ultimately if He does not pay any rent and stays in Flat for 6+1 Month(Notice Period), is there any possibility of mine to pull out the pending rents from him???
TARSEM CHAND JAIN
04 March 2019 at 20:40
IN THE NAME OF OUR REGISTERED BUYERS ASSOCIATION WE HAVE FILED CASE WITH NCDRC ON THE ISSUES OF DELAY IN POSSESSION, INTEREST FOR DELAY, RESTRAINT ON CANCELLATION OF FLATS BECAUSE OF NON PAYMENT OF DEMANDS AS WE HAVE PAID MORE THAN 85% OF COST BUT PROJECT IS RUNNING LATE FOR MORE THAN 3 YEARS.
ON THE SAME AND/OR DIFFERENT ISSUES CAN WE INDIVIDUALLY FILE COMPLAINT UNDER UPRERA
Anonymous
03 March 2019 at 10:53
Dear Sir/Ma'am,
I am the only daughter to my parents and I am unmarried. My grandfather has expired 25 years back and his property is passed on to my mother and her 2 sisters and my grandmother (4 people in total). Now the 1/4th share of the property is in my mother name who is still alive. My query is that:
1. Can she sell the property without my consent and without obtaining my signature.
2. What are my options legally ? Can I bring in stay order for selling property ?
Anonymous
02 March 2019 at 20:26
Hello Sir,
I have signed an agreement to sell my flat but now I'm unwilling to sell it due to the abusive behaviour of the opposite party and his broker. I also have doubts regarding the full payment as his loan has already been rejected by one bank and now he has applied to another bank. Meanwhile, I got an offer from one of my friends whom I wish to sell the flat. I already cancelled the deal within a month (time period in the agreement is 2 months) but now he has sent a legal notice to continue the deal or else he will take action.
Please guide me to take further steps of action.
Amarnath V Gaonkar
02 March 2019 at 18:52
I had purchased a agricultural property in 2010 after verifying the title of the property (the property records including the mutation records of the vendor and the registered sale deed of my Vendor), since then the property is registered in my name in all govt records such as property card and mutation entries. Now some people clamming to be the legal heirs of the original owner from whom my vendor had purchased the property in 2004 have filed a case in the civil court contending that the sale deed of my vendor dated 2004 should be declared null and void as they claim that the sale deed was executed by the power of attorney holder of their father and when my vendor purchased the property in 2004 their father had expired six month prior to the execution of the said sale deed.. I dont know how to go about it as i did not know these facts before and was probably kept in dark by my vendor... Now my vendor also died as a bachelor and don't have any legal heirs left behind him.. Do i have a chance to protect my title??? please advice and help
Thankyou
Abhimanyu Bind
01 March 2019 at 18:39
The local property dealer (here in Kutch, Gujarat) offered a 1BHK house to sale and took deposit 1% of total property value as booking amount immediatly (no paper work, paid through check), on later date it has been revealed that house had been constructed without approving the drawings from local development authority. The house situated in the society falls under Village Panchayat.
Kindly reply,
1) What can be the consequence of buying such property? (A good number of houses in the society has constructed or have extentions without approval of drawings)
2) Is it advisable to go with such deals?
3) Is there any option to get approval of drawing now? (Property is 1-2 year old.)
sanjay
01 March 2019 at 13:15
we want o know that if we book a flat during MOFA in under construction property can the percentage of work completed differ in todays RERA SCHEME
UNDER MOFA SCHEME BUILDER CLAIMING TO COMPLETE 98% OF WORK
UNDER REAR SCHEME BUILDER CLAIMIMG TO COMPLETE 77% OF WORK
in the same building which is still under construction .
in both the scenario posseion date is not being given under repeated reminders
is it possible .
Anonymous
01 March 2019 at 12:36
Myself: single girl child for my parents. | Parents divided | myself Not married yet
Query: My grandfather has 3 daughters(no son). entire ancestor property was in my grand father name before his death(25yr back he expired). later after his death entire property was divided to 4 which includes my grandmother share(3yr back).
Now my question is do i have any legal rights on mothers ancestor property. as she intends to sell without my consent.
Anonymous
27 February 2019 at 10:48
I have signed a notarized agreement to sale which states that it will remain valid for a period of one year after completing all the disputes from the court of law and the agreement of sale by me or my heirs will be bounding on me .The transaction with cheque details are being mentioned in it and it was made on the year 2006.At the time of making such notarized sale agreement there was a STAY ORDER going on in the court over selling of the said property and its still in force.The stay order was taken by one of my cousion brothers against two of us for stopping us to sell our share to an outsider .
Can the buyer take that notarized agreement of sale to the court of law and ask the court to get the property registry done in his name showing the clause of special performance act or its just a waste paper for him? Please note that a lawyer told me that a ruling has come into effect that even the notarized agreement to sale is admissible in court of law and he can get the registry done through court by the virtue of special perfomance act against me .Please advice
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Mohammedan law
My father's maternal grand father died leaving one son and two daughters, son died without marriage and legal heir and the both daughters married and died leaving their sons ( each had one son only ) first daughter died immediately after giving birth and the second daughter married her sister's husband and she also died after leaving her son. How to devide the grandfather's property.both the son married and have children.