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Ramesh   31 March 2009 at 15:43

How to recover the Advance paid.

Dear Forum members,

I request you to Kindly, solve/ show me way the out


to my PROBLEM....


I have paid an advance for purchasing a land (

Around 40%, of the cost of land),and obtained a

receipt.As the land owner refused to sign the

agreement,the balance amount is not paid.Now the

land owner is not paying (Refused to Return the



Advance paid by me) the amount, i had given to him

as advance . What are the options left to me to

recover the amount.

The Receipt contains the following wording....

R E C E I P T



I,Mr. 'X',S/o Late Sri ' Y, Aged about 45 years,o

cc: Business, R/o------, have received a sum of

Rs.ABC(Rupees in words),towards part sale

consideration of the property of Agricultural dry

land in Sy.No---,Ad measuring Ac.---etc Situated at

--(village),--(Mandal), --( District), From

1.sri.---,S/o Sri--,2.----,3----.


This Receipt is made and executed on the 15Th

May,2006 out of my free will and consent in presence

of following witnesses.



W I T N E S S E S :-

Sd/-
(by Mr.'X')


1. Sd/- )

2. Sd/-

With regards....

M. PIRAVI PERUMAL   31 March 2009 at 12:03

Repudiation of Insurance Claim

Mr. A has parked his 2 wheeler unlocked in front of his house.

The vehicle was stolen and police have registered case u/s 379 IPC and subsequently filed final report was in the Court stating that the vehicle is not traceable and the Court has closed the case.

Mr. A has lodged a claim with insurance company. The claim was repudiated by the insurance company stating that adequate safeguard measures was not taken by Mr. A.

Is this violation of terms and conditions of policy ?

Is there any citation in favour of Mr. A ?

I seek the valued opinions of the experts.

Legal Eagle   31 March 2009 at 11:50

Property Tax

I am an a Licensee and am paying my licence fee after deducting tax as per Sec. 194 (I) @ 17%.

Is there any change in the percentage of deduction or is it still 17%

Please reply, urgently, as I have to make the payment for the month of April by 3rd April, 2009.

Ashey   31 March 2009 at 10:39

Arbitration and Rental Agreement

What is the legal status of an arbitration clause in a Lease Agreement. Whether any party to the agreement force the other to implement the arbitration clause before going to Rent Control Tribunal

sushil tagaliya   31 March 2009 at 09:22

Mutation of Decree

Respected Sir,
In 1982 a decree has been done by The Senior Sub Judge in the favour of my Mother regarding agriculture land in Haryana. an intimation of the same has been given to the Tashildar of our area in 1983 for Mutation but no mutation has been made yet. in this period three person (only one defendent and two other ) who was the party has been dead.
i wannt to know whether this decree has legal now and whether i can make it implement now.

Capt J M Vaishnav   31 March 2009 at 09:08

Guidance for a layman

What is the difference between:
1. Legal
2. Statutory
3. Regulatory
4.Act
5. Rules

The point is, how does one explain the difference in simple language to a person who does not possess legal background?

Capt. J M Vaishnav

R. Ragu   31 March 2009 at 07:15

Need clarification over the rental aggreement

Hi,

My house owner(Lesser) sent a rental aggreement to me for verification before going for aggreement . On going thro' the document i came to know all the points favour to him only. please let me know any safety point can I(Lessee) include on this document on favour of me which is legal. Please verify the aggreement content and add additional points which favours and safety to me also. Your suggestions are very much valuable to me.Following the document.

RENTAL AGREEMENT

This Agreement of Lease executed at Chennai this 1st day of April 2008 between [HouseOwner] , aged about 44 Years, [address] hereinafter called and referred to as the Lessor which term wherever the context so permits or require shall also mean and include himself, his respective heirs, executors, administrator, legal and personal representatives, successors, nominees, beneficiaries and assigns of the ONE PART AND
Mr. R. Ragu, [Address]. Hereinafter called and referred to as the Lessee which term wherever the context so permits or required shall also mean and include himself, his respective heirs, executors, administrator, legal and personal representatives, successors, nominees, beneficiaries and assigns of the OTHER PARTY WITNESSTH:

WHEREAS the Lessor is the absolute owner of Flat [Address], hereinafter called the above said premises and whereas the Lesser has agreed to lease and the lessee has agreed to take on lease the said premises on the following conditions.
1. The term of this lease shall commence with effect from 01.03.2009.
2. The period of lease shall be for eleven months as and from 01.03.2009 to 31.02.2010.
3. The Lessee shall pay a rent of Rs.6000/- (Rupees Six thousand only) per month and the said rent is payable on or before the 5th of every succeeding English Calendar month.
4. The Lessee has paid this day to the lesser a sum of Rs.40,000/- (Rupees Forty thousand only) as security deposit, the receipt of which the Lesser hereby permits and acknowledges. The said deposit will be returned by the Lessor without any interest on the date of handing over vacant possession of the said premises charges and the cost of any damage if any, caused to the said premises due to the negligence of the Lessee.
5. It is absolutely resolved between the two parties whether he or she should not make enter into any agreement or sub-lease on my contract to the above said properly on any circumstances hitherto.
6. The Lessee shall not make any additions, alterations, variations of structural nature in the said premises or any part thereof without first obtaining the written consent of the leaser.
7. The Electricity consumption charge shall be paid by the lessee regularly as per the Board Tariff.
8. The Lesser or his authorized representative will enter/inspect the said premises whenever necessary during reasonable hours in day time on due notice being given in order to examine the state and condition of to attend to and necessary repairs or to show the said premises for the prospective future tenants/ purchaser/lenders.
9. The lessee shall pay the building maintenance charges regularly as per the terms and conditions of the society.
10. The lessee hereby agrees to deliver the possession of the said premises in good order and proper condition after the expiration or sooner termination of the said terms subject to performance by the Lesser.
11. While vacating, the lessee shall remove his own fixtures and fittings. Air conditioners and other appliances if any ensuring that no damage is done to the structure of the building or part thereof.
12. The lessee commits default in paying the monthly rent on the due dates for three consecutive months. The lesser is entitled to terminate the agreement, enter upon the said premises and take possession of the same without any hindrance from the lessee.
13. The lessee hereby agrees not to state any hazardous material in the premises, which will cause damage to the property.
14. The lessee furthe

Amit Kumar Kasyap   30 March 2009 at 21:52

Rent dispute

Sir, Myself Amit Kumar kasyap, Ajit Kumar jha and Bikash Thakur jointly took a flat on lease against a security deposit of Rs 40000.Tenure of lease period as per deed (unregistered) was April 2007 to Feb/March 2009.Now we wish to vacate the flat but the owner is not willing to discharge his liabilities of paying required sum. He is also making false charges on us that we have sub-lent the flat which is baseless allegation so that he could charge hefty sum for the violation of lease agreement. At this stage we feel cheated and helpless. Can we file a case in consumer court ? Please help and guide us

Regards
Amit Kumar KAsyap
+91 9886942911

Amit Kumar Kasyap   30 March 2009 at 21:52

Rent dispute

Sir, Myself Amit Kumar kasyap, Ajit Kumar jha and Bikash Thakur jointly took a flat on lease against a security deposit of Rs 40000.Tenure of lease period as per deed (unregistered) was April 2007 to Feb/March 2009.Now we wish to vacate the flat but the owner is not willing to discharge his liabilities of paying required sum. He is also making false charges on us that we have sub-lent the flat which is baseless allegation so that he could charge hefty sum for the violation of lease agreement. At this stage we feel cheated and helpless. Can we file a case in consumer court ? Please help and guide us

Ranganath   30 March 2009 at 20:02

Mutually agreed nullity possible?

Ld counsels

If non-consummation is agreed by both the parties, is there a possibility for nullity on mutual grounds, without any allegations apart from non-consummation.

Will there be a problem in dissolving the marraige this way.
Is there a possibility of false cases in future. (Defamation etc)

Please tell me what is the best way to get out of criminal cases in the event of a mutual nullity.
1. With out getting in to any compromise deed get a no-charge from police (it is still in FIR stage).
2. Get into a compromise show it to the court and compound the case. (it is not 498a in my case).

Thanks