Venitia
17 September 2010 at 12:15
Dear Sir:
We have rented our 930 sq. feet apartment in Sitalapakkam in Chennai, Tamil nadu - Alandur court jurisdiction in 2008 with a 11 month rental renewable agreement rent started with Rs. 4000 p.m. and with Rs. 500 increase every year(Jan to Dec period). Our tenant started defaulting rent payment from 2009 and currently has stopped paying rent. He hasn't been available to us for renewal of the agreement also after 2008. He now threatens of going to the rent control board if we do not decrease the rent to Rs. 2500 and refund the money he has payed above 2500 the months he has payed rent so far. We are aware of the property value and rent in the area and what we have rented is less to the market rate as ours is two houses joined as a single house with 3 bedrooms. He has not responded to our courier letter, registered letter where we have requested settlement of rental dues and vacation of house on the grounds of non payment of rent. Also there are no rent control case on us and he has only been threatening us that he would file one. Lastly we sent a legal notice asking him to settle dues and vacate house - which he hasn't received as he is refusing to open his door or is either no present in the house during daytime.
We are ready to go legal - however request the below clarifications:
What should we next do?
Do we file an eviction case in the court? if he doesn't receive our court notice we sent through a lawyer by registered post yet.
Should we file a eviction case in the court next?
We have all proofs of non payment of rent so we will win the case how many ever years it takes but till then will he be asked to deposit the rent in the court till the case is over?
If we win the case will we receive the rent he has deposited during the case time and all his rental dues along with the lawyer case charges if we claim?
What other steps are we to take now?
The tenant is running away locking the house and not receiving any communication, court notices we are sending - so how can this be handled?
If we start the case now approximately how long is it going to take to handle this?
Kindly help us with your inputs.
Regards
Maria
9486463150
Anonymous
17 September 2010 at 05:33
Limitation Act 1963 states:
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6.Legal disability
(1) Where a person entitled to institute a suit or make an application for the execution of a decree, is at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the times so specified.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation: For the purposes of this section 'minor' includes a child in the womb.
7. Disability of one of several persons
Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Explanation I : This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property.
Explanation II: For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property.
8. Special exceptions
Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application.
__________________________________________
What is meant by "discharge can be given without the concurrence of such a person"?
What if there are several plaintiffs, some minor and some major, does the time period of limitation begin when the youngest of them becomes a major?
shital
16 September 2010 at 23:58
when trust sells some of its immovable asset, then in this case, who all are required to sign the deed of conveyance, where in the trust deed nowhere it has been mentioned that managing trustee can sell property of the trust on behalf of the trust.
The only clause mentioned in the trust deed is that managing trustee is accountable to trust for all the profit earned in the course of business of trust.
Anonymous
16 September 2010 at 20:25
I have allowed a relative to stay in my residential property. He is enjoying free stay in my premises. Rent is not charged/collected from him.
Now that he has refused to vacate the house, kindly guide how to get him evicted from the house.
abhy
16 September 2010 at 18:44
abhy says : Fight against Buiilder
dear sir, I invested in a pre-launch offer...the builder has not yet completed the 15% of the work...what shud i do...How can i get my money back??? Consumer cases will take 10-15 years..I invested all the moneyt i had...plz guide how can i get my money back from the buikder...
Anonymous
16 September 2010 at 17:27
Dear Sir's,
i have a property in Bandra East which has been leased by the collector to my grandfather, kindly let me know can we file a partition suit for getting the property divided amoung four sons of my grandfather.
due we require any kind of NOC from the collector in filling the partition suit or is there any other way to have the land divided peacefully, by consent the same is not happening as one my uncle is not agreeing
regards
R T Pandey
16 September 2010 at 16:00
Sir,
There is an arbitration going on between residents of a housing sector floated by Haryana Urban development authority and the authority itself over enhanced land compensation to farmers whose land was acquired by the authority.My query is whether the authority can refuse to honour the verdict of the tribunal and file a case in the court if the award of the tribunal does not go in favor of the authority if yes on what grounds.(arbitration was initiated on the suggestion of Honorable high court of Punjab an Haryana )
Janhavi Mantri
16 September 2010 at 12:45
My Mama was a tenant in a building. He has two daughters (both married) and one son. He also has a sister who remained unmarried. Before my Mama the flat was in the name of my grandfather.
After Mama's death, the trustees have transfered the flat to his son's name (still unmarried) as a tenant without obtaining consent from the other legal heirs.
I want to ask all the experts if this transfer is valid? The other legal heirs can still claim the share?
Regards,
Janhavi
sachin
16 September 2010 at 12:32
Dear Friends,
Can a Partnership Firm buy and hold agricultural land in its own name in the state of Maharashtra?
With a request to give your valuable inputs.
Regards,
Sachin
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Sale Agreement
Hi All
I entered into an agreement to sell my property for 40Lakhs and received 20Lakhs in February 10th 2008 and the balance 20Lakhs was to be paid by May 10th 2008. However the buyer has not yet settled my balance. Now he has filed a suit against me seeking specific performance of the agreement. The property prices in the area has gone up and he is not ready to pay any loss/interest to me.
Anyone please help me out to counter this person and get reasonable compensation for the long delay.
Can I request the court to cancel the above agreement
Please help me out......
Ajeeth