KETAN J SHAH
26 July 2017 at 12:57
respected Sirs,
I am a Landlord and my property is in Mumbai. In 1970 the property is leased to a Nationalised Bank. with a monthly Rent of Rs.0.75 ps per sq.ft for 3765 sq.ft area. The Lease was for 75 years with 3 options of renewal at interval of 25 years each. In 1984 additional 1000 sq.ft was leased to Bank with a monthly Rent of Rs.6/- per sq.ft for this premises. After the end of first lease period and with continuos corespondance with Bank the Rent was increased to Rs.15/- per sq.ft for both the premises with 4% permitted increase every year.. The offer letter sent to me was for 10 years and 4 options of 10 years for renewal. However when the fresh agreement was sent to me it contained the clause that the renewal lease would be for 50 years and No Option of Rent revision.
Now today the Rentals in our area in Ghatkopar are Rs.300 to Rs.400 per sq.ft. I requested to Bank for upward revision but Bank says they will not entertain any request by me until the expiry of Lease period which expires in 2044. I have been in constant correspondance with Bank for increase in Rent but Bank is not ready . I told the Bank that just for one sentence that the Rent to remain the same till end of the lease period I should not be penalised and made to loose the monetary benefits. I do not have any other business and I am totally dependant on the Rent . But Bank officers are not ready to listen.
In todays life it is very difficult to manage with such meager Rent. In fact Bank has increased the Rent of many of its other Branches in Mumbai. But they are not ready to discuss the matter with me.
I can go for litigation as I am having the original offer letter and all other corespondance entered into with Bank but as it would take many years to get a result at present i do not intend to enter into any litigation.
I humbly request you to suggest me somre means by which without entering into any litigation I can convince the Bank for increase in Rent.
Awaiting your reply and Thanking you in advance
KETAN J SHAH
22 July 2017 at 11:48
Respected Sirs,
I am the Landlord of a property in Mumbai. My tenant carried out illegal additions/alterations in the premises without my permission or BMC permission. On my complaint to BMC the Tenant was served with MRTP Notice and followed by Order to reinstate the premises as per sanctioned plan. Instead of complying with the order he challenged the BMC order in City civil court. I had filed the caveat in City civil and High court but the tenant on false oath that he has not received any caveat the Civil ccourt passed an interim order against BMC that they cannot take any action till the final disposal of the suit. However this order is continuing His advocate first filed the Notice of motion followed by Chamber summonsl The chamder summons was allowed to the tenant. The notice of motion was filed in 2014 and the tenants advocate kept on delaying the matter till recently in June 2017 he finished the argument and the interim order was continued till the Ternant gets further stay from high court. However here also the advocate delayed the proceedings and time lapsed and he came to city civil court with application for further extension of time for 4 weeks. However he has been granted only one week and if he fails to procure any stay from High Court then BMC cab demolish the illegal work.
Now my question is that after delay to argue the Notice of motion for 4 long years and also misbehaviour of Tenants advocate in City civil court will he be granted the further stay to interim order which was passed on false oath of the Tenant and his advocate. All the dates for the 4 year delay were taken by the Tenant's advocate No other parties have delayed the matter.
Please give your valuable opinion. My advocate is following up the matter very well but I still want a opinion from your side also.
Thanking you in advance
.
KETAN J SHAH
01 December 2016 at 09:05
Respected Sirs,
I am a Landlord of a premises in Mumbai. Recently in the Trail court matter judgement the Decree is passed in my favor.The Tenant was asked to vacate the premises in one month. However He has filed an appeal in Appalate court. The matter is pending and now without taking the matter seriously this person has started doing renovations in the premises.
I want to know wether one can do any work after decree is passed against him and as such the work which is being done is not at all urgently required to be done. He can wait but he has not paid any heed to the court. I have filed a complaint against this ongoing work with Police and BMC but there is no response from their side. Now I am filing a Injunction application . Please let me know whether this application would be allowed to me and will his work be stopped by the court till final disposal of the appeal.
Thanking you in advance
KETAN J SHAH
17 October 2016 at 14:59
Respected Sirs
i am the Landlord of a property in Ghatkopar Mumbai. I had filed a eviction suit against my Tenant who is a Hospital and it is pvt ltd Co and the handled by two directors. The suit was filed for illegal additions/alterations carried out in the premises without the consent of BMC or myself. The suit was decreed in Aug 2016 and the order was to vacate the premises within one month. However the director asked for stay to the order but it was not allowed and he filed a appeal in appalate court.
Now I want to know the following things. I as the Landlord has won the case so now if the other party files an appeal who will bear my legal cost.I have filed the valuation report of the property at market Rate and the Ltd Co has filed at Ready Recknor Rate then which value would be taken for depositing the money in the court.
The suit was filed on the grounds of addition/alterations in the premises which caused heavy sepage of water in the Ground floor premises. Now after the suit decreed the same cause has started but this time the leakage is more severe compared to last time. All the complaint letter from the Ground floor tenant who is a nati0onalised Bank along with the photographs showing the extent of damage to the property are filed along with my reply. Will the court take note of this and dismiss the appeal.
You are requested to give advice and opinion.
Thanking you in advance
KETAN J SHAH
15 June 2016 at 18:09
Respected Doeb Sir and all the experts.
My query is if I am ready to share the 20% rent with three other family members then do I need to go for probate.
As I have said earlier in my query the will of my father is not registered and I am the benificiary of the assets of my father as per the will. I have received all other assets except the rent received from the Bank.
Please advice wether I need to take a probate even if I being the benificiary and I have No objection to share the Rent with the other legal heirs
Thanking you in advance
KETAN J SHAH
14 June 2016 at 13:19
Respected Sirs,
My father expired 2 months ago leaving behind a unregistered will.All his assets have been devolved upon me. He has 20% share in the immovable property. More specifically he has 20% share in the Rent paid by Bank.As per will I am the beneficiary of the will.But Bank says they cannot give this 20% to me as I have not probated the will. I said that I am ready to share this 20% with the other 3 members of the family who are my brothers wife,son and daughter. (My mother and my brother have already expired.) so that I do not have to go for probate. Even this Bank is not ready to accept. They have stopped paying the Rent to all of us unless and until the matter is sorted out.
Sir please let me know that can I share the 20% Rent with the other 3 members so that the process of obtaining the probate can be averted. We do not have any dispute among ourselves.I am a bachelor so in future all my assets will go to the above 3 members.I do not have any objection to sharing.How can I convince the Bank
Please advice me urgently
Thanking you in advance
KETAN J SHAH
27 February 2016 at 13:34
Respected Sirs,
I am the Landlord of a building in Mumbai. My tenant has carried out illegal additions/alterations in the premises. At the time of shifting him from one premises to other I had given him some specifications that some work of NON Damaging nature would be done by me.However he did not like the idea and hence he carried out work totally against my specifications without my NOC or permission from BMC In 2014 I got permission from Court to carry out inspection of the suit premises. After this there was noted visible drastic illegal work reported.Now the Tenant is saying that this work is done by me where in the Ws he has pleaded that the specification of work which I had given him is done by me. Now my question is what can the court take in view my specification or commissioners report of inspection.Commissioner was appointed on the order from the court.
Please advice
Thanking you in advance
KETAN J SHAH
27 February 2016 at 13:31
Respected Sirs,
I am the Landlord of a building in Mumbai. My tenant has carried out illegal additions/alterations in the premises. At the time of shifting him from one premises to other I had given him some specifications that some work of NON Damaging nature would be done by me.However he did not like the idea and hence he carried out work totally against my specifications without my NOC or permission from BMC In 2014 I got permission from Court to carry out inspection of the suit premises. After this there was noted visible drastic illegal work reported.Now the Tenant is saying that this work is done by me where in the Ws he has pleaded that the specification of work which I had given him is done by me. Now my question is what can the court take in view my specification or commissioners report of inspection.Commissioner was appointed on the order from the court.
Please advice
Thanking you in advance
KETAN J SHAH
27 February 2016 at 13:28
Respected Sirs,
I am the Landlord of a building in Mumbai. My tenant has carried out illegal additions/alterations in the premises. At the time of shifting him from one premises to other I had given him some specifications that some work of NON Damaging nature would be done by me.However he did not like the idea and hence he carried out work totally against my specifications without my NOC or permission from BMC In 2014 I got permission from Court to carry out inspection of the suit premises. After this there was noted visible drastic illegal work reported.Now the Tenant is saying that this work is done by me where in the Ws he has pleaded that the specification of work which I had given him is done by me. Now my question is what can the court take in view my specification or commissioners report of inspection.Commissioner was appointed on the order from the court.
Please advice
Thanking you in advance
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Society maintenance
Respected Sirs,
I am the original Landlord of the property situated at Ghatkopar East Mumbai. In 2007 we have added 3 floors to the exhisting A wing of the building, B wing is ground + 4. Society was formed in 2007 and conveyance was given in 2011. There are about 21 residential and 5 commercial properties. Originally there were 9 residential and 3 commercial tenants and even today these tenants are not the members of the society. I am the owner of those properties and I am paying the maintenance to the society on their behalf. All the commercial, as well as A and B wing residents have their own water connections and seperate over head and under ground water tanks. The monthly water and electric bill for Residential A wing is Rs.15000/- and that for B wing is Rs.2500/- Now the society wants to merge all the bills and is asking me to pay the amount of maintenance for both the wings in combine where as I am paying water and electric bill for B wing Tenants and this is not included in the maintenance bill.
If the whole amount is asked to be shared and paid then my maintenance amount for non members would actually increase and I will have to pay the amount from my pocket. I want to know that when all water and electric bill for pump is seperate for both wings can society ask for merging the bills and collect extra amount from me which will have to be paid from my pocket.
Also at the time of conveyance stamp duty was paid by me and it was to be reimbursed by all the members and myself on behalf of my tenants but the members have till today NOT paid the stamp duty. I have reminded them about this in every meeting and off late I have sant the letter for payment along with interest on the outstanding amount but I have not received any reply from the members.
Please advice on both the issues.
Thanking you in advance.