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ADV-JEEVAN PATIL, MUMBAI   23 January 2017 at 20:00

Recovery of deposit money paid against l&l agreement

L&L Agreement motorized. On Expiry licensee demanded deposit of Rs.1.5lakh. Licensee retained his machinery & locked room until return of deposit. Licencor brokeopenlock & put his own. Complaint lodged. He promised on stamp paper to give. but did not gave for 3 years. Legal Notice is again being sent by Regd. Post to keep the claim alive to file complaint/case in courts.
1) Is it possible to file cheating complaint
and/or Summery suit under O.37.
2) Agreement is not Registered.
Your Suggestions will consolidate my action.

Vaibhav Agarwal   23 January 2017 at 19:43

Notarisation of power of attorney

1. For the donee of a Power of Attorney (PoA) to institute legal proceedings on behalf of the donor of the PoA, does the PoA have to be validly notarised? What are the consequences if the PoA is not validly notarised?

2. Is it compulsory for the donor of a Power of Attorney (PoA) to be personally present before the notary during notarisation of the PoA document? What are the consequences if the donor was not personally present before the notary?

tradesinc   23 January 2017 at 19:29

I have a tenant problem

I have a tenant stylex vapo veena

Fair rent orders filed 2007/08 rcop230 of 2008 (120 + months have passed)
1.5lakh /month judgement passed 2010
reopen petition files actually 2015
Reopen petition passed vide 2016
Even through the orders were passed in 2010 and the rental is much higher now in Ramnagar Coimbatore 641009 we are still agreeable to a lower order but need it ASAP
Tenant claims to be paying part rent to a non existent bank account closed a year back and Hon 1adm jUDGE is ok with that (CORRUPTION FOUL PLAY IS SUSPECTED...
Tenant is not in enjoyment of premises and has shifted all factory to another location past 3+ years
Power has been disconnected 3+ years in the first place the power connection is not in the name of TENANT stylex so reinstatement is impossible
Property upkeep even if idle empty is 2-3lakhs/year .

Every year iAM losing around 60lakhs loss of income for the past 10 years due to legal courts delay
we have a demolition of dilapidated building orders pending from 2010 in PDM we have submitted court appointed advocate commissioner and certified engineers report in 2010
We want eviction as claims via legal means is impossible from thugs and goondas like my tenant and RENT fixation with go to a 1+ crore how do we recover ?impossible via courts
lapseD LEASE DEED WITH THE PREVIOUS LANDLORD ONLY
As per lapsed lease deed rent payable for 1 shed is 18000 rs/month the 2nd shed rent is 10000 remain unpaid for 10years ? Is it fair to me??
please advice how we can take action to expedite this matter



Harshala   23 January 2017 at 17:55

Time for notarizing any documents

Dear Experts,

Please let me know if there is any time limit for notarizing any deed or documents?

rathod murtza   23 January 2017 at 13:07

Maintenance

Husband is makes promise to wife about give 72000 maintenance if she give pursis to court that he is regularly paid maintenance to her every month so he can released from jail which is for not payment of maintenance. So wife make statement as per him in court. But after released from jail. He denied to payment maintenance. So can wife again file case for maintenance ? What is option to received maintenance?

Ayan   23 January 2017 at 13:00

Shop eviction

A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
No further agreement was made.
Landlord never issue money receipt , he took rent by cash.
Dispute occur in 2008 related to increase rent , shop keeper denied to vacate shop ,land lord refused to renewed agreement and stop received payment.
In 2009 end , a money single order with three month rent (may/june/july of 2009) came,
Land lord refused. After that no money order came during last 8 years. Shop keeper are running shop still date , shopkeeper demoralized the old actual small shop and built bigger showroom in 2016 without informing land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .

My Question is
1)Can it be claim that shop keeper has not paid from the beginning (2005) ? On their verbal request to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralized original shop (size mention in agreement with condition no alteration) ,Now they build bigger size showroom violating agreement .Will it be helpful to evict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favor of shopkeeper ? Does RTI revel court matter also ?
4)What will be strong ground for eviction , prove them defaulter or they have altered building ?
5)This is the final situation .No other clause is there. Every prove is with landlord .
This ground , land lord can win the case or not ?

Ayan   23 January 2017 at 12:56

Shop eviction

A Shop was given rent in 2005.
Agreement was 2005 to 2006.
Next years agreement was 2006-2007.
The agreement was not registered agreement.
Landlord never issue money recipt , he took rent by cash.
Dispute occure 2008 ,shop keeper denied to vacate shop ,land lord refused to
renewed agreement and stop received payment.
In 2009 ent , a money order with three month rent (may/june/july of 2009) came,
Land lord refused.Shop keeper are running shop still date , shopekkper demoralized
the old actual small shop and built bigger showroom in 2016 end without inform land lord.
Land lord does not know , shop keeper paying their rent to any Rend Control or not .

My Question is
1)Can it be claim that shop keeper has not paid from the begining (2005) ? On their verbal request
to assure pending rent , the 2006-2007 rent agreement was renewed ?
2)Shop keeper demoralised original shop (size mention in agreement with condition no alteration) ,
Now they build bigger size shoroom violating agreement .Will it be helpful to eveict shopkeeper?
3)Can I sent RTI to know any case/court order have issued by court on favour of shopkeper?
Does RTI revel court matter also ?
4)What will be stong ground for eviction , prove them defaulter or they have altered building ?

pundalika achyuta bhat   23 January 2017 at 12:42

Is there any need for executing fresh sale deed ?.

As a buyer I had entered into Lease cum Sale Agreement for buying a N.A. plot with the seller and had paid necessary stamp duty and registration charges at the then prevailing govt. rates. Upon completion of agreed lease period and compliance of terms and conditions of Lease cum Sale Agreement, now the seller wants to execute a fresh Sale Deed for the same N.A. plot.
I have the following queries:
(1) Is there any need for me to pay again stamp duty and registration charges again? and I want to know how the same is calculated, in case there is a need to pay for the same.
(2) When my previous Lease cum Sale Agreement clearly mentions the word "Sale Agreement" is there any need for the execution of fresh Sale Deed now, as demanded by the seller?.

subhash chandra   23 January 2017 at 12:09

Challenge of registered shell deed

sir, we are five brother &one sister and my mother. my sister had married in 1980.
my father had died on 20.07.1997. After death of my father our agriculture land"s partition has been taken through court order in 11.08.2003. by name of five brothers and mothers names. In 2010 mother have sold her share to one son then our sister have filed a suite that she is a coparcerner in her fathers land and this sell deed is illegal and cancel it.
my question is
1. Is she has right under hindu succession Act 1956.? if yes then why amendment 2005 brought.
2. Is she has right under hindu succession Act 2005.?
3. should she resetting her share in revenue department through revenue court?
4. land situated in Rajasthan.
5. she brought suite in ADJ court.

Ashish   23 January 2017 at 11:03

Marriage problem

Respectedfully sir, my name is Ashish pal , age 27 frm gwalior (m.p). Main aur meri girlfrnd marriage karna chahte hain. Her age 22 yrs. And we both are of same caste. Maine arya samaj aur court marrg. dono karna chahta hu. Agr main marrg. Krta hu aur jab tak certificate nhi mil jata h , mujhe dar h ki uske father mere ya meri family k upar koi case na karde. Hum dono taiyar h aur meri family bhi. Bas sir, dar isi baat ka h ki certificate milne se pehle uske father koi case na intrepution na kare. Plz sir, give me advice.




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