Anonymous
29 June 2010 at 11:40
Dear Advocates,
I am having a property in a prime location in Madras which has been rented out to offices and shops One of the tenant is running a shop for past 20 years. Rental agreement is between my father and the tenant’s father executed in 1998. My father expired in 2002 and I became the owner of the property. I have not executed a fresh rental agreement. They have been paying the rents promptly and also increase in rent as and when asked by me. During the course of time some ego clashes and personal disputes arose between me and the tenant. I want to throw him immediately out of my house. I have given time to vacate the shop within 6 months and stopped collecting rent. The present tenant and his father pleaded to me to forget all the personal vengeances and ego problems and consider their plight, since this shop is their only source of income and fell at my feet to let them continue to occupy the shop. They are even prepared to give any increase in rent and extra rental advance. Even when they prayed at me to forgive them, I am not prepared to let them continue in m y premises since I am an egoistic person. They have started to send the rent by Money order which I have refused to receive. I want them to get out of my property as early as possible. I have lost the original copy of the rental agreement. I have property tax dues to the above property. By which source can I vacate them. The tenants are not simple persons, though they are falling at my feet, they will give stiff fight for any legal or illegal battle against them. How can I get them vacated, what is the time limit expected to vacate them if I go to court. I have not given rental receipts for past 12 months, but they have paid the rent in cash to me, can I carry the case on the basis of default in rent. They are making arrangements to deposit the rent in court, can I raise my objections for deposit of rent in court or shall I go in compromise with them.
T.Goverdhan
29 June 2010 at 11:32
My wife is one among 4 legal heir of my father-in-law who has expired 2 years ago leaving behind a housed property acquired through his own earnings at secunderabad,Andhra pradesh,with out leaving any will.We are married in the year 1970.Now my query is whether my wife is eligible for equal share along with her brothers.Since i was told that daughters married earlier to 1985 are not entitled and does new amendments are also applicable to the residents of Andhra pradesh.If she has a equal right ,can she go for partition and how long it may take.
Zia
29 June 2010 at 10:08
My query to learned experts related to ESI Act is:
In case the wage of employees/labours are revised say from a back date and arrears are to be paid to these employees for last 2-3 months. Then the question that arises is:
Even if the employers' and employees' contributions have been paid for last 02 months at ESI office, does employer require to submit ESI contribution on the differential amount of wage also which is being paid as arrear to employees/labour after wage escalation.
Anonymous
29 June 2010 at 10:02
Dear Sir,
I would be very much thankful if you could highlight about -
1.Is there any latest verdict from HC or SC about READING OF INK AGING of DISHONORED INSTRUMENT against 138 case filling?
2.If the party is not releasing payment against there liability - CAN we utilize there BLANK SIGNED CHEQUE for 138?
Thanks in advance.
T N VIJAYKUMAR
29 June 2010 at 09:57
We have a case where there are two joint owners of a flat a Mother and son duo. The Mother who was the first owner died before the share transfer could take place. There is a will left by the deceased but it does not mention the above property. There are other legal heirs of the deceased other than the 2nd owner. Now the 2nd owner the son wants us to transfer the shares in his name.
We have consulted a lawyer. He has told us to transfer the shares in the name of the mother as now deceased and the son in the joint names. At the time of sale the son will have to get a relinquishment deed or a gift deed from his bro. & Sis. Ur comments on this.
Anonymous
29 June 2010 at 06:05
Seller has Breached Agreement of Sale and if this Breach is proved in the Court, then what remedies are available to the Buyer to enforce upon Seller through Courts.
Actually, Seller has Breached the Agreement because he cannot supply the flat to the buyer which he stated in his advertisement for 'Offer of Sale through advertisement on the website', that these flats can be used as resort/Service Apartments and tourists can be accommodated in these flats for generating good amount of rentals.
Since despite repeatedly asking by the buyer that please furnish documentary evidence to prove beyond any reasonable doubt that such permission from competent Municipal Authorities actually exists for such commercial/ semi-commercial usages of the flat, the Seller cancelled registration of the flat and returned the money to the Buyer party.
In this situation, since seller knew very well that flats can be used for Residential purposes only, and not on commercial basis, he decided to Breach the Agreement of Sale.
Now, can Buyer claim damages through Court saying that he registered and entered into Agreement based on the promises of the seller which eventually proved to be False, and since seller cannot deliver flat having commercial usability as promised by him, therefore, by this Breach by the Seller there is a loss suffered by the Buyer.
How Buyer can claim damages from seller to extract maximum 'Damages'.?
Anonymous
29 June 2010 at 05:45
Seller Society has breached Agreement of Sale and returned money which Buyer has deposited with him for Registration of Flat. Earlier Seller had promised buyer that Bank Loan is available, but later did not cooperate with Buyer and Bank and did not deposit required documents of the project for bank to be fully satisfied with the Project of the Seller. Neither, Seller furnished the documents to the Buyer for his verification. Now, Seller has returned the money through Cheques to Buyer saying that Registration is cancelled due to non availability of loan and violating payment schedule. Buyer wants to sue Seller in Consumer Court and possibly in other Courts as well for 'Breach of Contract'.
To ensure sustainability of his case, does Buyer need to present the returned cheques sent by the Seller to the Court to prove evidentially that there was a breach by returning the money through these cheques, or presenting the covering letter which Seller has sent along with these cheques shall be good enough to prove this and Buyer is entitled to use this returned money for some other purposes?
What i mean to ask is that without loosing his rights to sue seller on account of this alleged Breach, can he ie Buyer deposit these returned cheques in his account for his regular use?
Anonymous
29 June 2010 at 04:38
Can any Housing Finance Company (HFC) regulated by National Housing Bank (under RBI) proceed with any civil courts after complaining the grievances/issues to NHB against a borrower.
tusharcosmic
29 June 2010 at 01:47
Is sending registered post a way out of getting receiving from Govt. offices ?
Most of the Govt. offices and even many private companies' offices deny/resist giving receiving to the general public's applications,requests,letters,complaints etc.Suppose we send registered Acknowledgement postal letters to them and we get back a postal acknowledgement also, can we prove in the court of law our dispatch to them ?
Is this method equally good as getting a duly stamped and signed receiving of our by hand correspondence given to them?
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Documents required for the sale deed
which documents are required for registering the sale deed?
What documents are need to be checked before purchasing the property?