Tripti Nagwekar
04 December 2012 at 14:08
Is the cheque amount received by a landlord for a transfer of tenancy right from old tenant to new person or father to son in a tenanted / pagdi building, taxable or not? If taxable, under what head of income for a landlord and at what rate? Further what if the landlord is a charitable trust?
Tripti Nagwekar
21 September 2012 at 14:27
It is heard that the rent control act of every state is against tenants, it means that a landlord can evict a tenant on the ground of bonafide need. The district court of different states, high court of different states, supreme court have given judgment to the benefit of landlord and I got those judgment. Now my query is that can the experts provide me the judgment copy of lower court, high court, Supreme Court asking the tenant to vacate the place under Maharashtra Rent Control Act 1999 only and not other act of other state.
Tripti Nagwekar
29 August 2012 at 18:17
Dear Advisors, Tenant A bought one room B in the pagdi system building E in the year 1975 and second room C in the same pagdi system building E in the year 1977 and third room D in the same pagdi system building E in the year 1979 from the another tenant and the landlord transferred the receipts after taking below table money at that time. Thus tenant A got three rooms B, C, D in the pagdi system building E. In the year 2002, the landlord of the building E told tenant A to return room B or C or D room at free of cost i.e. at least 2 or 1 room out of 3 rooms since tenant A has 3 rooms and one or two rooms are sufficient to stay. Tenant A refused to return. The landlord filed the suit to claim two rooms at free of cost. Now please tell me whether landlord would get one or two rooms back or not?
Tripti Nagwekar
28 August 2012 at 12:53
Dear Advisors, Tenant A with his son B were residing in pagdi system building and getting rent receipt in the name of tenant A since the year 1960 from the landlord. In the year January 2001, tenant A died and son B paid rent for February 2001 and got receipt from the landlord. In the march month of 2001, the son B went to the landlord and requested to put son B’s name in the rent receipt after deleting Tenant A’s name as tenant A has been expired. Further son B agreed to pay any below table money to the landlord for change of name. The landlord refused to accept any money and refused to change the name on receipt and told son B to vacate the premise and told to son B that tenancy with son B’s father is over on his death and no question to inherit the tenancy right and landlord went to court. Now please inform me whether landlord is right in his action and would get the possession of room and evict son B under Maharashtra rent control act 1999 or any other law or son B would get his father’s tenancy right in inheritance under Maharashtra rent control act 1999 or Hindu succession act or any other act?
Tripti Nagwekar
24 August 2012 at 15:22
Dear Advisors, nephew A together with his uncle B have a piece of land in ancestral say 1000 sq. ft. and the name of nephew A and uncle B are registered on 7 / 12 index. When A proposed to sell half portion i.e. 500 sq. ft. of his share without dividing total land of 1000 sft because division of land takes 3 years by government, uncle B refused nephew A to sell his share to outsider and tried to offer only Rs.10,000/- ten thousand for A’s share of land and at the same time outside party was offering me Rs.400,000/- to nephew A. So ultimately nephew A sold his share of 500 sqft to outsider buyer for Rs.4 lac under section 44 Transfer of Property Act, 1882 and outsider party i.e. buyer put Rs.100,000/- one lac on sale deed to avoid more stamp duty and registration fees. One the same day nephew A and buyer registered the agreement. After one month uncle B filed case against A and requested the court to cancel the sale deed and to allow uncle B to buy 500 sqft from the buyer at Rs.1 lac mentioned on sale deed under section 22 of Hindu Succession Act, 1956. On the basis of court the tehsildar has not put buyers name of 7/12 index. Further can nephew A and outsider buyer request the court to value the sold land at current market rate say Rs.6 lacs as civil suit is going on for past 2 years? Now please advise nephew A what the court would do in this case? What are the outputs? What are the ways for nephew A to come out?
Tripti Nagwekar
19 January 2012 at 12:38
Dear Honourable Advisors,
If a landlord of a building of 100 tenants (the whole things are covered under Bombay rent control act) delays or forgets to collect the rent per month for one year and collects the whole rent after one year, is it okay? Please explain in detail. Thank you in advance.
Tripti Nagwekar
16 January 2012 at 10:24
One hindu temple is situated on the ground floor and the four floors above it are given to tenant before the year 1960. The owner of the ground floor and the temple and all the four floors are owned the trust. Now can trust claim first floor for expansion of its temple and evict the tenants of the first floor through the court.
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Interest on rent under maharashtra rent control act 1999
A landlord refused to accept the monthly rent from the tenant and filed a case under Maharashtra rent control act 1999 on the date 1.1.2005 against the tenant for eviction and possession of the tenanted premises. Later on the date 1.1.2011, the court rejected the application of landlord and ordered landlord to accept the rent pending and future. Now please tell me whether the landlord can claim the interest on the rent from tenant since 2005 in first case if whole rent deposited by tenant in the court since 2005 and in second case if tenant never deposited the rent in the court.