Heavy deposit flat
Suresh
(Querist) 13 November 2016
This query is : Resolved
Dear Sir/Madam,
I have taken flat for heavy deposit for 2 years agreement. Currently i am staying in this flat for more than 1.5 years. Owner is taken loan against his flat and currently he is not paying the loan installment for last 1 year. Due to this reason we had also given notice in advance twice to vacate the flat 6-8 month back. But he is not giving my money and even the loan installment due to financial issue. Now LIC is trying to seal the flat.
In such case whether will i get my money from LIC or they will seal the flat by vacating us. Pls suggest.
Thanks,
Suresh
Suresh
(Querist) 13 November 2016
Please help
Guest
(Expert) 13 November 2016
LIC doesn't have any liability towards you. You can't get money from LIC.
Suresh
(Querist) 13 November 2016
Thank you sir.... Then in such case what should i do? ... I had already given legal notice to owner. Should i file the police complaint too? Owner is asking me to wait and will give my money after selling the flat.. But my agreement is going to end in 2 months and he was trying to sell his flat since last 1 year. In such case should i wait or should i take further step.
adv.bharat @ PUNE
(Expert) 14 November 2016
Wait till notice reply from the owner.
If no reply then take help of police.
Rajendra K Goyal
(Expert) 14 November 2016
Send letter to LIC mentioning you would not be vacating the flat till your deposit is returned / adjusted towards rent. In case of need can try for a stay from court against LIC.
Kumar Doab
(Expert) 14 November 2016
Expert Mr. Rajendra K Goyal has suggested an option to you.
It can help to gain a handle to you.
You have issued a legal notice thru your own lawyer.You may discuss with your own lawyer further.
Remain firm and ask the owner to extend the agreement further.
Guest
(Expert) 14 November 2016
I partially disagree with the solution provided by Shri Rajendra K Goyal and Kumar Doab, as LIC is not likely to acceed to your request for not vacating the flat till your deposit is returned.
However, you may try for stay order against the proposed sealing of the house by LIC, if possible.
Hemant Agarwal
(Expert) 15 November 2016
1. Tenant has no jurisdiction (or privity of contract) to apply for any Stay order, against the Financing Entity. Further "auction" proceedings of the mortgaged property can be conducted even if a tenant is in possession.
2. Tenant has to claim back his Deposit, by giving due notice to the Land Lord and on failure file criminal matter for cheating against Land Lord.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kumar Doab
(Expert) 15 November 2016
Not withstanding any disagreement: Apply all resources and recourses to get your good money back.
You have already engaged a lawyer and many inputs you can receive in person from your own counsel.
Find out detail of assets/assets of owner.
Remain firm and ask the owner to extend the agreement further, and also to return your money.
Your own counsel can advise you in person.
LCI expert Mr. Hemant Agarwal handles such property related matters.
You can benefit from his counsel.
Rajendra K Goyal
(Expert) 15 November 2016
It seems landlord is not returning your deposit easily, try to overstay in the premises to compensate equivalent to your deposit.
Guest
(Expert) 15 November 2016
Dear Suresh,
Your action actually depends upon the nature of agreement you entered in to with the property owner.
As against the advice of Kumar Doab, "Remain firm and ask the owner to extend the agreement further, and also to return your money," I am of the firm opinion that even asking for extension of agreement may not be of even slightest benefit to you if the flat is already mortgaged to the LIC or is kept as security or attached against any loan of the owner or some one else.
Also, finding out detail of assets/assets of owner may also be difficult for you in the absence of purpose and mode to find, if not suggested by the previous advisor.
You could have sought a non-encumberance certificate from the owner, issued by the revenue authorities before entering in to agreement.
So, examination of your agreement is necessary for any purposeful opinion. You may better get the agreement examined by some local lawyer, who may be expert in property laws, to get appropriate advice, as your huge sum is at stake.
Kumar Doab
(Expert) 15 November 2016
Expert Mr. Rajendra K Goyal has suggested another option to you.
Your good money is at stake.
Not withstanding any disagreement or against:Find out detail of assets/assets of owner.
Remain firm and ask the owner to extend the agreement further, and also to return your money.
Your own counsel can advise you in person.
LCI expert Mr. Hemant Agarwal handles such property related matters.
You can benefit from his counsel, in person.
Guest
(Expert) 15 November 2016
Repetition of the same suggestion by the language editor without suggesting the mode to find! Good!
Kumar Doab
(Expert) 15 November 2016
Mr. Intorlable and Abuser,
is no one and nobody to direct anyone to post on his whims and fancies.
My posts are and shall remain my discretion.
When you visit a very able counsel in person you shall get to know evertyhing that you can do and you may do.
This intolerable person does not spare anyone be it author/querist of a fellow expert.
GO thru all threads e.g;
Any querits/author has the risk of being called an 'Idiot' and Nasty............
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
http://www.lawyersclubindia.com/experts/Deffamation-suit--622931.asp
Kumar Doab
(Expert) 15 November 2016
Mr. Intorlable and Abuser::::
out of his problems with his own persona makes sarcastic comments and is in habit of making unwarranted comments e.g;'without suggesting the mode to find............' as in this thread..........
In another thread he argued with expert Mr. Hemant Agarwal on why won't he post.....................
While expert Mr. Hemant Agarwal was of the opinion further can be discussed in person and his approach is his propriety............... and it is true.
Likewise any counsel that you may approach can have his approach that is his/her propriety.........
It should be sufficient and relieving for the querist/author that the counsel has a remedy..............
LCI expert Mr. Hemant Agarwal handles such property related matters.
You can benefit from his counsel, in person.
Avoid this Mr. Intolerable and Abuser at LCI.
Forget and Ignore; easy or Difficult.
Recover your own good money.
It is not easy to get back good money from a defaulter.
Guest
(Expert) 15 November 2016
A language editor seems to be fit only to tell the authors to take help of other lawyers, instead of advising himself.
Kumar Doab
(Expert) 15 November 2016
Consultation with own and /or local counsel shall continue to be advised.
It is just and proper.
Every querist/author may share that this Mr. Intolerable and Abuser at LCI: @ P.S.Dhingra may declare the author and querist as 'Nasty', 'Idiot'..........
He is unfit to be at any forum.
That is where he is spending his leftover focus and energy.............
This Mr. Intolerable and Abuser at LCI: @ P.S.Dhingra has been asked to stop his rowdiness, and abuses..................IT seems he is unwilling.
So he should leave and remain out of any forum and consign himself to his private and personal fiefdom:::: be it his house or anything else..................
Guest
(Expert) 15 November 2016
Why you should not act as a cop to stop rowdiness of one and all, including yourself.
On your specific request in the thread for "problem with real estate builder at "http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp," I have given web-links, where you readily appreciated my so called rowdiness. You are readily referring the above link to the querists. So, they may see the reality of difference between your saying and doing in veil:
1) You said, "Fully agreed with wise advise of Shri P.S.Dhingra" in the following query link:
http://www.lawyersclubindia.com/experts/Overcharged-bill-for-the-contract-without-previous-intimation-559916.asp
2) You appreciated my so called bad/ abusive language by saying, "Dear Shri P.S. Dhingra,
Sir,
I fully concur with you.
You have pointed out hard realities in such simple manner."
The web-link is as follows:
http://www.lawyersclubindia.com/experts/succession-legal-heirship-certificate--499151.asp
3) You appreciated my much more so called bad language by saying --
"I am admirer of wisdom of Learned Senior Expert Shri P.S.Dhingra.
I have posted as per limited understanding from matter in query and subject.
I intend to gain from enriching discussion in this thread.
The author may post in reference to the points raised in this thread.
Shri P.S.Dhingra, has already pointed out that the author is a learned man and expert in his field. The author can post insights in the matter for an enriching discussion and response by Shri P.S.Dhingra.
If possible for me I shall post my views."
The Web-link is as follows:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-based-on-a--608246.asp
4) You said, "You need a counsel with expertise, experience and ability.
You can benefit from the counsel of Expert Shri P.S.Dhingra," in the following web-link:
http://www.lawyersclubindia.com/experts/Penalty-569591.asp#.VkIVbV7xpkE
You may better read very carefully to understand what type of duplicity you prefer to use to mislead the authors of the queries as well as the experts also.
NOW IT IS INCUMBENT UPON YOU TO JUSTIFY YOURSELF BEFORE THE READERS, HOW & WHY YOU APPRECIATED PIECES OF MY ADVICE, WHEN YOU CONSIDERED MY LANGUAGE AS BAD, ABUSIVE AND INTOLERABLE.
IN FACT, IT IS INTOLERABLE ONLY TO YOU, AS YOU MISERABLY FAILED TO GIVE APPROPRIATE ADVICE TO THE QUERISTS, AS COMPARED TO ME.
