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Ayan   19 December 2016 at 11:29

Rent agreement valid or not

1)A property (Shop) is on wife name (purchased 1977)

2)Husband given rent to some shop keeper (2009) , in agreement , husband has signed , there is
no mention wife name in the rent agreement.

3)A dispute between husband and shopkeeper occurred
a)husband file for eviction suit (2010)
b)shopkeeper file for title shoot (2010)
In the case , there is no mention wife name (owner name)

4)One of the son-in-law is unemployed of that family .family wants to give
the shop to that son-in-law so that he can maintain his family.

My question is
1) Is the shop rent agreement valid as the original owner has not signed ?
(Agreement does not contain owner name and sign)

2)Can wife (property owner) can give this property to son-in-law while there is court case
between husband and shop owner ?

3)Can wife file suit for eviction ?

4)Can wife file FIR as shopkeeper has made new contraction without intimations court/property owner?

5)In case husband loose the case , shopkeeper tenancy will be permanent or wife can shoot separately again

Thanks
Ayan

srm261001   19 December 2016 at 11:26

House poseession

Namaste
i have one query..plz help me

1. My Details -
Name - Bitan Arya/Female/45/Married, lives in Sitapur (UP)

2. Problem_My brother purchase a residential plot in 1989 in sitapur, after my marriage my husband's economical condition are not good, so my brother gave to permission of construction on above said land and said stay on that home on behalf of mutual consent.

3. my husband constructed two floor building. and me, my husband & my kids lived in that home from 1991 to till date WHICH WAS OWNED BY MY BROTHERS (only land/all construction done by my husbands income).

4. NOW IN 2017 my brother said (owner) "STAY OUT OF MY PROPERTY" i agree but we want at least 2 or 3 year time to possess out of that home due to poor condition & daughter marriage in process.

5. From your part (Court) we need legal order (time) to move out from that house...HOW

Ajay Sharma   19 December 2016 at 11:12

Re-recording of statement of victim of rape before magistrat

Is there any provision to re-record statement of prosecutrix before magistrate under section 164 a CrPC

muralidara R naidu   19 December 2016 at 08:09

Joint development agrement ( cancellation)

Dear sir ,

My client entered into registered joint development agreement for the development of the land into residential complex.
The Developer has paid 10 lakhs and even after 3 yeas not developed and he is interested to develop nor coming forward for cancellation of the said JDA
In the JDA there is clause for arbitration and conciliation if any disputes arises and
There is a one more clause without prejudice to the the right of termination, to go for specific performance.

Please advise me what is the way to cancel the said development agreement
1. Is it mandatory to approach with arbitrator by getting appointing him as per the act
2. Or can issue legal notice informing developer that JDA is is cancelled and he can take he is money back,etc……..
3. Or is there any remedy available
Please advise

Syed Faisal   19 December 2016 at 07:55

whether sarfaesi act is applicable to cooperative banks

I have been guarantor for loan ,which is ssanction 2014, bank has been invoke sarfaesi act against guarantor for residential house , bank is cooperative bank my question is whether sarfaesi act is applicable to cooperative bank

Amit B Bahl   18 December 2016 at 22:15

What is structural changes to flat

I am planning to extend the window of my kitchen; Change the sink location and slightly increase the entrance of the kitchen. I am residing in Mumbai. Will these constitute structural changes to flat. My society's secretary had told not to make any structural changes in the flat.

HITESH SHAH   18 December 2016 at 20:37

House rent under section 125

RESPECTED SIRS'

IF HUSBAND ASKS WIFE TO STAY WITH CHILDREN ON GROUND FLOOR SEPERAATELY HUSBAND STAYS ON FIRST FLOOR OF BUNGLOW, BUT WIFE REFUSES AND WANTS TO STAY IN RENTED HOUSE.RENT IS 14000/-IF WIFE PAYS 14000RS/MONTH AS A RENT THEN HUSBAND HAS TO PAY 14000/- AS A RENT OR ANY CLAUSE IN LAW FOR MAXIMUM HOUSE RENT. HOW IT SHOULD BE JUSTIFIED?

kishore   18 December 2016 at 18:03

Registration and stamp duty

I have made an agreement for land from builder. All the money given is white (by cheque and account transfer). Now builder says i can go for registration either by government guidance valve or any value upto maximum actual purchase value.Please suggest what i should do.

A)What if i get registered with guidance value?
1.Is there any legal problem?

2. What will happen if i sell the property after 10 years and i take money everything in white and pay tax to government?

3. Can i avail capital gain tax benefit?

B) Any problem/disadvantage if i register with actual purchase value?

Thanks
YPK

Gopal Krishnan   18 December 2016 at 17:23

Co-op society - max leviable premium for transfer of flat

What are the maximum rates of Premium that can be charged for transfer of flat in a co-operative society in Maharashtra?

I can find 3rd party websites providing this information (for example - http://maharashtrahousingandbuildinglaws.com/maximum-rates-of-premium-for-transfer-of-flatspremises/), but I would like to avail of the official document.

thank you