LCI Learning
Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

franky mendonsa   21 August 2010 at 16:19

eviction

my father entered into an an agreement with a tenant to run the shop for 5 years.
no renewal of agreement after that rent paid and receipts issued.
now its 22 years
in the agreement it was said tht the tenant cannot run two businesses in the shop.
1) but now it is found tht he is running two businesses thus violating a clause from the agreement.
2)and i want the shop for myself to run business.
is the ground on option 1 sufficient to evict him or should i go for option 2.
kindly give ur suggestion.
waitin in anticipation.


Anonymous   21 August 2010 at 09:35

Give Tips on doing Argumentation in a Lawsuit,Plz.?

Please guide us that how should we do argumentation in court so that we may be able to bring forth all the major,important points in front of the court and win the case also.

Should we ignore the points which are logical and in our favor but are not clearly deciding factors.Mine advocate says that we may be having such 20 points but in the "Argumentation" we should be focussed on most 3/4 important factors only which are deciding factors of the case and rest of the points may be ignored.Scattering the Argumentation on less important points(Even if they favor us) may not be very much helpful and the judge may become irritant also.The Argumentation should be focussed one,pin pointed.

Is my advocate right?

Can you please suggest something from your practical experience.

Anonymous   21 August 2010 at 08:42

How to Increes rent?

My father let out shop on premium basic (pagadi) .which is non-registrered. rent we get is only 30% of current market rate. what action should we take? how?

franky mendonsa   20 August 2010 at 21:47

eviction

my father had let a shop of 10 sq. mtrs on rent and the tenant is there for last 30 years. he is paying just rs. 100 as rent , which is being deposited with the rent controller . now the thing is that he is not paying the electricity bill since past 6 months when it was temporarily disconnected for non-payment. the meter is in my fathers name. now we have reeived a final notice from the electricity department that the dues of rs.10,946/- have to be paid by 25/8/10 or else the money will be recovered through land revenue.
for tht we have met the advocate and sent a letter to him about the same with a xerox copy.
incase of non-payment will we be in a position to evict him or wht are the other chances to evict him.

he hardly comes to the shop as he deals with renting of sound system and it is closed, he is rich with wife working in bank, son on ship
could i have ur guidance dear sirs.
franky mendonsa
goa

Anonymous   20 August 2010 at 17:24

Probation not needed for Wills Regd. in Delhi ??

Is it right that if a WIIL had been registered in Delhi,its probation is not mandatory ?
Plz. case is to be heard tommorrow in Delhi court.Plz. support with realtime reference i.e. citataion etc..

Anonymous   20 August 2010 at 17:16

rights in Undivide Inherited Property

Mrs.X has expired without any Will, as per Hindu Succession (Amendment) Act 2005, her 2 elder Daughters (D1 and D2) , youngest Son (S1) and Husband (H1) inherit the below mentioned property with equal share (i.e., 25% each).
a. One Shop in a Commercial Complex (Facing the main Road)
b. One Godown in the same Commercial Complex (behind the Shop mentioned in point no.1 with approach way inside through the Common Path of the Commercial Complex)
c. Appurtenant Place (to the left of the Shop, Right of the common path of the Commercial complex and in front of the Godown).

1. S1 and H1 has constructed an Shop in the Appurtenant Place (mentioned in Point No.c above) without the knowledge of D1 and D2 and not giving any rent for this share (i.e., 25% each) for that shop being run by S1 and H1.

Q: Is it legal to run a Shop in the Appurtenant Place, (either with or without the consent of D1 and D2)? Under Which Section and Act, can the D1 and D2 file a Suit for their Share of rent?

2. S1 and H1 has colluded and vacated the existing Tenant of the Godown (point no.b) by some settlement to him, without the consent of the D1 and D2 and taken pocession of the Godown to rent it at higher lease premium without giving the D1 and D2 their share (i.e., 25% equal Share).

Q: Is it Legal to suppress such Information to D1 and D2 by S1 and H1. If not, which with Section and Act the D1 and D2 can file suit against H1 and S1?

3. S1 and H1 has informed D1 and D2, that Existing Tenant of the godown has handed over the Godown to the “wife of S1” with a private Settlement between them and “Wife of S1” has in turn leased it out to some third party for higher lease premium and substantiating in legal terms that even H1 and S1 have also not got any benefit from Godown Tenancy change.

Q: the D1 and D2 share in the higher lease premium has been indirectly taken and enjoyed by the H1 and S1 by involving the “wife of S1” as intermediate Tenant. Is there any Section and Act in the Law to safeguard the Interest of D1 and D2 for filing a suit in the Court of Law?




SUBHASH SHARMA   20 August 2010 at 15:16

WHAT IS PROVISIONAL CERTIFICATE, UNAUTHORISED COLONIES

WHAT IS PROVISIONAL CERTIFICATE FOR REGULARISATION WHICH HAS BEEN GIVEN TO THE UNAUTHORISED COLONIES IN DELHI.

ALL PROVISIONAL CERTIFICATE RECEIVER COLONIES WILL REGULARISED.

WHAT IS THE PROCEDURE WHAT TIME IT TAKES.

Anonymous   20 August 2010 at 13:43

Buying society resale property on loan

Hi, I have paid earnest money for CGHS society flat in Delhi . Share certificate and allotment letter are missing how do be approach the same.

Also the seller is getting the property converted to free hold and after which it would be given as a gift deed to her sister from whom it will get sold to me .This will be taken on loan.

Solution : I see-- File FIR for share certificate and get newspaper article after which apply in society for duplicate share certificate . Get property converted to freehold and as part of gift deed ensure that sister has selling rights . This gift deed needs to be registered and stamp duty needs to be paid. After which the documents will be submitted to bank for loan

Ashok   20 August 2010 at 12:05

Registration of Flat

I have purchased a flat in Bangalore, in a complex having 8 flats, in 2006. The builder first got the undivided share of land registered in my name and i have paid the registration fees on that. Now I would like to get the flat registered in my name. How do i get it done ? Is rectification deed enough or a fresh Sale deed is required. If fresh sale deed is made will it mean the the first land deed is not valid and I loose the registration fee paid at that time ?

Tarun Goyal   20 August 2010 at 10:40

query for registery

R/Sir,

mr x have a house but he had no registery of his house . mr x was died 20yrs ago than mr x wife married again with mr y in court after 3 yrs of his death. but they had not change mr x name in house tax & electricity bill. now mr x & y wife is also died. the problem is this mr x son want to sold the house but mr x brothers creating problem & said that this aour property & you do'nt have any seprate registery of his house.so pls tell me what will mr x son do in these circumstances.