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Saurav   21 May 2016 at 13:17

Owner wants evition after losing case

a)Owner filed a suit for eviction & recovery of possession which was in his favour
b)Appeal filed by me in Sessions court reversed the order as the Civil Judge relied on probabilities, assumption & presumtions,
It is admitted the execution of the rent agreement dated 13.10.2006. It is also admitted that the rent of the tenanted premises was Rs. 3,000/per
month. It is also admitted by the respondent/plaintiff that no fresh
agreement was entered into between the parties. The plaintiff has failed
to place on record any proof regarding the existence of the rent of Rs.7,000/permonth. It is specifically admitted by the plaintiff that he has
not given any written notice to the tenant for enhancement of the rent.The admitted rent was Rs. 3,000/per month. The plaintiff has admitted
that no notice was ever issued for the enhancement of the rent. Therefore,
it is clear that rent was not enhanced as per section 8 of the DRC Act. In
the absence of any other rate of rent being proved by the plaintiff, this
court has no hesitation to hold that the rate of rent of the suit premises
was Rs. 3,000/per month as admitted by both the parties. The existence of the rate of rent @ 3,000/per month brings the suit property within the
purview of DRC Act and the suit for recovery of the possession filed by the
plaintiff is barred by section 50 of the DRC Act. Accordingly, the findings
of the Ld. Trial Court on the issue no.1 are reversed.
11.In view of the above discussion, the judgment and decree passed by the
Ld. Trial Court are set aside. The suit of the plaintiff is dismissed being
barred under section 50 of the DRC Act. Decree sheet


Copy of Judgment by sessions court on the appeal filed by me in my favour

Now I have received a notice from the owner for eviction & increase of rent 10% is it legally standable,
The owner owns nearly 6 floors & i m residing in one of them he claims that his son & doughter in law wants to live on the premises

D K VERMA   21 May 2016 at 13:07

refund the booking amount

Dear Sir/ Madam,
I have booked a flat in West Bengal in Nov-14.I have paid rs. 6 lac (21%) till Feb-15.Rest 79% have to given by bank loan.Agreement done in March 15,possession date is given Dec 16.but searching by bank nature of land
showing not a Vaastu.when I ask builder he always convinced to me that paper will be cleared very soon.as per normal agreement
builder have refund 90% of booking amount in the case of cancellation.but in case to me may have I right to claim to refund with an interest of booking amount from builder? Please guide me.
Thanking you.

PERVIN   21 May 2016 at 12:45

Rights of daughter vs grandson on my mother's flat.

My mother is owner of flat in a society. The agreement had names of My mother as owner and name of my brother as 1st Joint owner.
My brother has expired and his wife too has expired but have left behind their son. i.e. My mother's grandson. My son's wife and grandson both deserted me and my brother in 1988 and had left home permanently.Now my grandson is after my property as I am 90 Years old but I do not wish that my grandson has anything to do with my flat where he does not reside since they deserted & left me. He is staying separately in a rented premises but has not updated his permanent address which he has left as my flat's address though he does not either stay or care for me at all. He calls for his letters and mail at my flat address and clears the letter box but never cares to come and enquire about me or my fading health. Its my daughter who provides for all my needs, pays for my hospitalization and medical expenses and provides all my needs. Hence what should I do so this flat gets transferred in my daughter's name and my grandson has no say in this property at all nor any rights to claim any share in it. Pl. guide me with procedures and forms what to do so entire rights to my property movable and immovable property goes to my daughter and not my grandson. My daughter will ensure my hard earned money invested in this flat remains in safe hands and will not be misused or sold without my daughter's consent. Pl. reply to me indetail by email only as this is a strictly confidential matter. Hope you understand and will help me transfer total rights to this flat to my daughter only.
Is it mandatory to get property share cert. updated to delete my son's name and in lieu thereof have my daughter's name added without involvement of my grandson or any no objection cert. OR should I leave the share cert. as it is unchanged and what would be the implications of this later &/OR after I die. I don't want any disputes after I die so I want all flat and its rights transferred to my daughter only while I can sign and whilst I am alive. Pl. help me with implications and procedures and forms etc. and how I should go about this transfer smoothly while I am alive, at the earliest for which I shall be ever grateful to you all.
Thanks/Regards
Pervin

PERVIN   21 May 2016 at 12:26

Change in name on property share cert.

My mother is alive and owns a flat in a society. Her name is 1st on share cert. and 2nd name is of her son (My brother) who has expired.Now she wishes to delete her son's name from society's property share cert. and in his place have my name (daughter's) incorporated on society's property share cert. But My brother has a son and society insists on a no-objection certificate to be obtained from my brother's son which obviously he will never give. My mother's wish is that this flat be taken over completely by me as her Daughter so that this ancesterial property remains in safe hands i.e. with me and does not wish that her grandson has anything to do with this property at all.
Can the share cert. be revised with my mother as owner and 1st joint holder as her daughter in place of her deceased son without no objection certificate etc. Pl. explain implications and procedures to get this formality completed whilst my mother is alive as she is now 90 years old and is under tension as she does not want her hard earned money flat to get passed down to anyone except her daughter - me.
Pl. reply to me privately by email only. This is strictly confidential pl.
Thanks/Regards
Pervin.

Harshit Gupta   21 May 2016 at 12:20

Name change

Dear Sir,

I want to get my name change from HARSHIT to harsh. Is it possible for me to do so. What are the legal requirements and can there be any obstacle in future regarding my visa and passport if i do so.

Harshit Gupta   21 May 2016 at 12:12

Name change

Dear Sir,

I want to get my name change from HARSHIT to harsh. Is it possible for me to do so. What are the legal requirements and can there be any obstacle in future regarding my visa and passport if i do so.

Harshit Gupta   21 May 2016 at 12:07

Third party loan on a property i am purchasing

Dear Sir,

I want to enquire regarding that how can i know about whether a property i am purchasing from a builder have any king of charge or not.

Nikhil Runwal   21 May 2016 at 11:38

Transfer of property act.

There is agriculture land. The land 7/12 extract is in name of father who is no more. we our three brothers we want to get 7/12 extract recorded in our name.we also intent to get land divided among us. which document should be prepared for both of this?

the land is in gujarat.

TUSHAR   21 May 2016 at 11:33

Validity of loan documents

If a customer has been sanctioned a limit by his bank as overdraft in his Current Account or Cash Credit account, and on a day the balance of account becomes zero. What will be the status of loan documents? Will they be legally enforceable, for the debit raised on later dates? Material fact is that I had sanctioned a limit of Rs.10.00 lacs to one borrower, with all documents executed. Balance of account on 01/08/2013 had become Zero. Now will we have to make a fresh agreement and documentation, since there is no consideration? What does Contract Act says? Please reply

Prasanna   21 May 2016 at 10:49

2 wheeler Accident related

Dear Sir,
Lacation - Maharashtra

History - I have sold my 2 wheeler to one of my known person. I have received 75% amount of mutually agreed amount. It is agreed that i will get balance payment within 1 month & i will transfer the vehicle to buying person's name. The Buyer requested to take the vehicle to his native place, as he is known person i agreed for that. But i have not received the payment as per agreed schedule & also i have not asked for that to buying person.
After 3 months of the deal there was an accident of that 2 wheeler & the son of the person to whom i sold the vehicle was dead. Came to know that at the time of accident the person who is riding is dunked. Vehicle is on my name & at the time of accident no insurance is available. The vehicle is in police custody & till today i have not received any call / notice.

Question is how to came out from this situation & how i get the vehicle back from police station.