Hi,
I have given my house for rent to a businessmen(location - Bangalore, Karnataka) The agreement (rental agreement for 11 months) will expire in Feb 2017. As per agreement he has to pay rent before 5 TH of every month, but he has been paying between 12 - 15th of every month. I am residing in 1st floor, rented out ground floor.
Also they are creating nucence by public gathering in portico and surrounding the house.
Can I evict the tenant based on the above reasons after expiry of agreement.
Or
Can evict the tenant legally after expiry of agreement without any reasons or should I present any reason before court?
Thanks
Rama
Anand
04 October 2016 at 18:45
I am earning 1 lac take home salary after all deduction (14 lac as package) amount, I got married six years ago and have a daughter and a widow, handicpped mother. My wife is non working. After marriage I pushed her to complete her graduation after 2 year of my marriage she completes her graduation in B.A. (Pass) from delhi university and after that I pushed her to complete two year diploma in Nursery primary teacher training and also she is persuing one year english course from IGNOU. Despite this all she misbehaves a lot in my home and also we have lot of fight. Now I am totally frustrated with her bad behaviour my Mother in laws and father in laws both are creating nuisiance at home. After lot of suffering I have decide to devorce her. Could you please let me know how much money I have to pay to her in case of mainitance and alimony?
Case 1. Child is in custody of mine.
Case 2. Child is in custody of my wife
Please help me in this.
Tapen dave
04 October 2016 at 17:37
1) Issue
Transfer of flats to joint owners vide sale deed
The committee has allowed by way of NOC issued in the first holders name, for the transfer of the flat can be taken place, but they deny having made an entry in the share certificate.
Is the transfer valid .Also the registered document is in the name of the joint owners,where one of the joint holders will be a nonmember
Are the transfers valid without obtaining the collectors approval as per the terms and conditions of the collectors land laid down .Is the decision of the Managing committee valid to give the noc in the name of the 1st Holder ,even though the registered document is in the name of the joint holder.
Also we were planning that through a gift deed my mother,can make my father and us as joint owners . Can it be done based without the collectors permission or the collectors permission.Is the collectors permission a must in the case of gift deeds .
The terms and conditions of the collectors land are as under
1) That the society or any member shall not sell or any way transfer by mortgage lease etc. any plot or block out of the land to any other person other than a member of a society or let or give on leave and license bases any tenement, block or flat out of the land to any other person than member without obtaining previous written approval of the additional collector, Bombay suburban district. The additional collector, Bombay suburban district shall have the right of first refusal, whenever any tenement blocks or flat is to be let out or to be given on leave and license basis and to nominate government servants for the purpose. The additional collector shall exercise the right of first refusal within 30 days of the receipt of intimation from the society or its members.
2) That the society shall not enroll any additional member/members/or substitute any member in place of those approved by the government, except with previous written approval of the government.
3) Also the committee was restricting me from the verifying the documents for the transfer of the flat,on the condition that the flat owner be present during the verification .
Can they restrict a member from the verification of the documents. My opinion was that they cannot deny the verification and also cannot insist on the presence of the person whose flats papers I am inspecting Is my stand correct .
what do you advice on the above matter.
Also as per the old byelaws: Associate membership means a member who holds jointly a share of a society with others, but whose name does not appear first on the share certificate
Earlier we used to have associate members who used to attend the meeting / vote and become managing committee members by mere entry in the share certificate and filling the requisite NOC from the original member. No collector permission was taken for the same. Was it required as per the above conditions.
If we have filed recovery suit though there is arbitration clause in agreement or transaction. If case drags for more than three years and opposite parties object that the proceedings as civil suit is not maintainable as there was Arbitration Clause.
My question is whether the Limitation for arbitration will expire or we can go for arbitration after civil suit is dismissed on the grounds of Arbitration clause.
Whether period of civil suit will be calculated in the limitation.
james
04 October 2016 at 16:24
on 7-7-10 a Married woman went with a taxi driver and sexual intercourse in the vehicle in doggish style.Thereafter occassionally sexual intercourse at the woman s residence. Thereafter she married the driver and stayed at drivers residence.She left the drivers residence and filed a complaint u/s 376 ipc before court on31-1-13.Police arrested the accused and filed chargesheet u/s 376?Their marriage is nullified by family court.What is the scope dischage before Sessions court.Give supporting rulings also
Kani
04 October 2016 at 16:10
I have been cheated in the name of marriage & love by a guy who is registered himself as divorcee in matrimony(I am a divorcee too). He misused me & now denied marrying. Later I got to know his first marriage proceedings are pending & he is yet to get the decree.
I want to file a case on him. Guide me on what sections I shld concentrate
gave a complaint in all women police st. But only CSR filed & no proper action taken. Also made a complaint to Ass. Commisoner offi. Still no major actions.
Can I go ahead for geting the direction from court to file FIR? .
Recently saw the news no more directions are encouraged. Hence I am confuseed how to take it fwd.
City of stay: Chennai
ganesh
04 October 2016 at 14:48
my neighbor have a berry tree near to my compound wall.the roots of the tree causing damage to my home and flooring around the building.he didn't leasing my word to cut the tree.what i have to do about this issue. iam helpless in this issue
Anand
04 October 2016 at 14:45
Dear Experts,
Please suggest process of registering an unregistered sale deed of land. When asked locally in Hyd, I got different versions on the same process. Also, suggest if you want to refer any agent.
Thanks in advance.
Bullseye
04 October 2016 at 14:19
Sir/Madam,
The petitioner submitted a W/S in the interim and my advocate told that we also submit a W/S.
In her interim affidavit she mentions that she is starving since last four months and demanded Rs.20000/- monthly as maintenance.
My query is can i demand a financial affidavit of her monthly expenditures and demand a strict proof of her starvation at her mothers house.
Thanks to all experts for their valuable advices.
Section 354 crpc
6 years ago a complainant / clerical staff (widow lady) aged 50 years alleged the Deponent heart patient aged 63 years with the allegations of outraging modesty. Deponent was the head of office. Earlier to said allegations deponent issued SCN to complaint for not following code of conduct and not obeying official orders as per rule. When deponent observed this ,he wrote letter to Govt. to transfer her from the place then govt. issued the order for same .Then the complainant alleged deponent with above allegation .She filed 3 complaints to three police stations and one to the deptt .The enquiries were made and nothing was found so the police submitted closure reports to S.P and deptt. also closed the enquiry as it was on false allegations .After that the lady filed 6 petitions as WP & WA for stay of transfer and registration of F.I.R against the Deponent.The same were also dismissed by High Court .But in one of W.A. the HC has ordered as following on 11.07.2014 :
“ The learned Single Judge found that material fact that the petitioner’s complaint was duly inquired into not only by Mahila Police Station, Jabalpur, but also by Gorakhpur Police Station and was found to be false and baseless, was not disclosed in the writ petition. That, by itself, disentitled the appellant from pursuing any relief such as for direction against respondent no.2 to register FIR.
There can be no difficulty in agreeing with the said view of the learned Single Judge. Further, considering the fact that the complaint of the appellant has already been inquired into by the Police officials and found to be false, there is no question of issuing direction to respondent no.2 to register FIR at this stage.
The appellant is free to pursue other appropriate remedy including by way of private criminal complaint, if so advised. We are not expressing any opinion on the correctness of those proceedings or allegations made by the appellant in the memo of writ petition against the private respondents. Appeal is dismissed."
Now in Jan2015 the complaint has filed a complaint in District Court about the allegation of 2010 and the magistrate has taken cognizance and issued a bailable warrant so tell me what should I do now. The court hearing is on 7th Oct.2016