Atul
08 January 2014 at 17:42
Most of large corporations/companies take land on lease for setting up retail outlets/ petrol pumps. At the time of vacation on account of expiry of lease, they take refuge under state rent laws which protects tenants and contesting bonafide need/s of the landowner despite the fact that the original lease has expired for decades together and are paying a paltry sum as lease rent.
What is the defense for the landlord if bonafide is not proved in lower courts due to -
1. Witness of the tenant not crossed by the landlord's advocate.
2. Is the personal need of landlord NOT bigger than commercial need of a large corporation based on "principles of equity".
3. Can landlord bring additional grounds before the appellate higher courts like new bonafide need.
4. Do the tenant get protection under state laws when infact they are tenant Not-in-Possession as only their dealers (who are outside parties) occupying the property.
5. Some landmark case laws enumerating basics.
6. Is the objective of the state rent laws served whereby large corporations take refuge under law setup to protect vulnerable tenants, whereas, in fact,the landlord is vulnerable.
Santwana Todi
08 January 2014 at 16:42
We bought a second hand Accent from JMD Motors in Gurgaon for Rs 125000/- and paid 20,000 for some repairs, RC and insurance. Since the day we bought the car we have been facing problems every other day with it and getting it repaired. We have spent around a lakh after we purchased the car and still the engine and suspension work is required to be done. We have bought a car and not heap that we have to get each and every part of the car repaired every second day. As a dealer his responsibility doesn’t get off just by selling and delivering the car. It was his duty to check it thoroughly before selling at the first place or atleast would have told us about the exact siyuation of the product, but since he hasn’t done so you should now atleast take the responsibility to get our hard earned money back from the owner who cheated on us by selling crap.Further, its been more than 2 months since we purchased the car and we haven’t received the RC yet for which we will have to pay Challan if caught by the Traffic police.
Kindly guide, if anything can be done about it if a complaint is filed in a consumer court. We want our money back.
Ritesh Rathod
08 January 2014 at 16:29
Dear sir,
My cousin brother prosecuted for criminal matter now the party who file a sue against my brother is not present personally as well as his lawyer is also not present in court andperson who file a sue is allready sentence for jail under passa.
Now what shoud we do?
Thanks in advance.
Sharath
08 January 2014 at 16:04
I am applying for a Marriage Certificate & I stay on Rent. Will LL Agreement be considered as address proof?
I also have Aadhar Card on current Rental Address. Will that be considered as Address Proof for Marriage Certificate?
Ashu
08 January 2014 at 15:24
Hello ,
I am married on 29 Jan 2013 and i brought here in dubai after 15 days of marriage and was normal for few days and suddenly i monitored here she cannot stand for more than 10 minutes and she fell sick and i took her to a doctor and did some medical tests and then we came to know she has hypo thyroid and also she has RF sector 4.5 and she has cortical scar on her right kidney and also she has polycystic pattern and also i dont know few more .
i consulted with gynocologist she is MDDGO and she told me the girl is not fit for married life and she cannot give a birth to a baby .if she can the baby will have some health issue .
my wife has all these diseases since before marriage and they didnt inform me about these things during time of marriage and now i want to get divorce is there any possibility in indian law can support me .
SAA_Bombay
08 January 2014 at 15:17
Dear Experts, Background - One of the member died, than MC members transferred flat in name of his wife. Now, wife wants to gift flat to one of the son. Son approaches present MC with gift deed. MC seek legal opinion, which said mother gift deed is accepted along with release deed from all other brother & sisters. The member fight with MC for directly transfer of flat without release deed. MC members refused to do so. Now, after 1 & half years later he has submitted release deed & gift deed to MC along with covering letter which says that MC should transfer flat immediately to his name or else he will approach the court with complaint that MC is harassing him for no reason. We member have no problem to transfer property if documents are in line. Can any person force MC to complete work any task with his time frame? All members are working person & they have to manage their time on week ends.
Nigel Das Dev
08 January 2014 at 15:01
My Father had given a couple of blank cheques, about 10 years back (2002), to a Person we have known for over 20 years (1992). These were given to him as security for Money borrowed on Interest. This has been common between us since 1992 to 2002, and he seemed to be trust worthy. All dues were cleared in the year 2002. However we do not have any of these in writing.
He has Deposited that Cheque for 75,000 (claiming informally that we still owe him money) on March 27 2013 and the same has been returned due to Insufficient funds. Following this he has launched a [false] complaint stating that we had borrowed money in 2012 (which we never did) and had hand him this Cheque. The local lawyer we have hired says we do not have much hold on the case since the cheque was still valid when it was dropped.
I acknowledge that it was a folly on our part to hand him a blank Cheque. Whereas he works for a Nationalized bank and had appeared decent all the years.
However I have a couple queries to find out if there is something we could do to prove our innocence.
1. The Signature on the cheque has significantly changed in comparison with the Scanned Signature in the bank's record, as this Cheque book was issued sometime around 1995. Moreover the Check book facility for this account has been disabled in 2007. Does this give us any leverage in defense?
2. If we hold a spycam video(cellphone video) of him confessing that he had lent money for Interest and this is the only way he can recover it (False accusation as mentioned above), would it be admissible in the court. Or will it still be considered Invasion of privacy?
I look forward to your suggestions. Kindly excuse me if I sound too dramatic.
Narayan
08 January 2014 at 14:21
Hello,
I have a query for the experts. I intend to purchase a property in Keshav Nagar, Pune, which comes under Gram Panchayat.
I identified a property which was priced a little lower than others. However, the builder made it clear that no bank will provide me housing loan since the property is not approved by Town Planning. However it is approved by Gram Panchayat and some Housing Finance Co's (non banks) and willing to offer home loans for this project.
Wanted to check if it is legally safe to invest in this property in the long run, especially when this area may come under the Pune Muncipal Corporation Limits within the next one year.
hithen
08 January 2014 at 14:20
Dear Expert,
My boss own a clear title, single owned, agricultural land approx 30 gunthas,with small concert structure consisting of 2 rooms,this land is located in Maharashtra,we have engage caretaker and paying Rs 5000 per month ,he look after the place,like watering plants,cleaning,growing vegetable,we have not allowed him to stay in the structure.as he is a native and has own house and family living approx 15 minutes from the land.
1) How do we safe guard the property from kul kayda or any other legal issues.
2) Precaution to be taken.
I kindly request experts for their advice.
Thanking you,
Hithen Ghharat
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Application of marriage certificate
Thankyou Experts for all the replies. There is 1 more documents required by them which is Municipal Corporation's House Tax Bill's Copy. Is that necessary? That bill is in my onwer's name. How do I go about it?