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Queries Participated

Sonia Prabhu   06 April 2012 at 19:21

Denial of title

This is for a case of eviction under Denial of Title :

Facts:

4 yrs ago the Plaintiff bought this property. He claims to be the new landlord of the tenants (who are tenants for 50 yrs). But in these four years he has never informed them about he becoming the new landlord / owner of this property or neither has the previous owner /landlord informed them about Plaintiff being the new landlord. But instead, within 10 day after buying the property the Plaintiff had used forcible majors, such as crime( assault, ransacking etc) to evict the tenants ( Plaintiff has been charge sheeted for the same u/s 326 and others).
After committing crime the Plaintiff has filed a civil suite for eviction of the tenants. But because of all this and the fact that the tenants have never been informed by the plaintiff about Plaintiff becoming the new landlord till today, the tenants have denied the Plaintiffs title of landlord. Now Plaintiff is trying to en-cashing on this, and is demanding of eviction on tenants under this ground of Denial of Title .

Query :

Since there is no relationship of Landlord and Tenant ever build between the Plaintiff and Tenants as the Plaintiff has never taken the rent from the Defendants nor followed any formalities I believe this stance of Plaintiff to evict the defendants on bases of denial of title should not stand in the court of Law.

To justify this I need help from experts here...
Can anyone please help me with citations :

To prove that:

1) In a case of suit for eviction it is must that a RELATIONSHIP of LANDLORD & TENANT must exist between Plaintiff and Defendant

2) Denial of title of landlord is no ground of eviction for tenant IF there does not exist any RELATIONSHIP of LANDLORD & TENANT between Plaintiff and Defendant.

3) Clear explanation of what is exactly a relationship of Tenant and Landlord.


Every advise is valuable pls give your views too

Annapurna Ramanathan   28 December 2011 at 14:40

Lease/ rental agreements

1) Can one renew a lease/rental agreemnt by both parties signing on the original (stamp paper) agreemnt with the remark "agreement extended for another 11 months form this date, by mutual consnet" - is this legally valid?

2) How to determine the stamp paper value for lease/ rental agreements?

Tage Talin   25 November 2011 at 18:41

Agreement agreement

Lease agreement is executed by two competent parties - lessor on one part and the lessee on other part. Question is -

(1)Who should initiate the lease agreement - the lessor or the lessee? And who should bear the expenses like stamp fee, drafting fee, registration fee, etc.?

(2)If neither the lessor nor the lessee initiated for any written lease agreement, but the lessor is allowing the lessee to use the building on verbal agreement at a fixed monthly rent, what would be the future consequences?

(3)In case of non-execution of lease agreement by the parties, who stands in advantageous or disadvantageous position - the lessor or the lessee?

Amit Kumar   23 June 2011 at 18:49

Required AP Building (Lease, Rent & Eviction) Control Act

Dear All,
i Required AP Building (Lease, Rent & Eviction) Control Act for the exam purpose
if any one help me iwill be highly thankful to him,
thanks

Anonymous   28 June 2010 at 11:12

Recording Statement

I was called as witness to PS to one of my known person who booked in 498a.
Now SHO wants to record my statement.

Will this ends here or do I need to attend during the trial too? Please clarify

Rgds
Sam

S.D. Singh   28 June 2010 at 10:07

Property in name of Husband and wife

A property was purchased by husband from his money and he wants that registry is made jointly in the name of husband and wife. But also he wants that in future, if he wants to sell the property, he could sell it without the consent/ signatures of his wife. Whether it is possible. Whether any para can be added in the registry deed to this effect or any separate power of attorney from his wife if obtained would serve the purpose or any other mode , please reply.

Member (Account Deleted)   28 June 2010 at 09:28

husband left to Us witout informing me

My husband deserted me and flew to US after 6 months of marriage.and i filed a DV case against my inlaws and my husband.My inlaws are not attending for the hearings and produced medical certificate and high court stay order.I am fine with it,but How can i send the court summons to US?My husband is not at the previous address(america).He changed his phone number too. How to trace his address. Can i send the summons to his previous address/office address by writing his Social security number on top of the registered post cover?
Please suggest me the best option in detail.I called up the embassy and they said they are not responsible for tracing out as it is a personal issue.All i know his work details and SSN details.Will it help? Poor my lawyer doesnt know anything about US procedures.So please help me.Waiting for your reply.Attached my husbands earnings summary,where you have all the details.

sridhar   22 April 2010 at 10:15

Agreement extension

Dear Sirs,

I have entered into an agreement for buying a property. The agreement is shortly getting expired. I have paid 50% of the agreed value.

The seller has mortgaged the property to a financial agency & it may take 20 days for him to handover the original documents to me.

For making the balance loan payment my banker is calling for the original documents. In this situation we both seller & buyer want to extend the agreement entered by us.
Pls let me know the agreement extension procedure & stamp duty if any to be paid on that.

Thanks

Anonymous   22 April 2010 at 10:15

Remarriage after divorce

Hi all
Decree of divorce granted by the Court on a petition filed by the husband. Decree also confirmed by the High Court.Now the person wants to remarry.Queries:
1. How long will he have to wait until he can get married.?
2.In the meantime SLP before the SC also filed which is yet to be heard. Whether now marriage can be proceeded with after the SLP is being registered and yet to be heard??
3. Is there any right to appeal before the Supreme Court under the Hindu Marriage Act , 1955 ?

Please note that both the parties are Hindu. Thanks in advance.

Bobby Mani T   21 April 2010 at 10:18

Rent Control

Rent Control Acts are being amended in various states. Especially in Karnataka and Maharashtra. Anybody who is dealing with such new acts may please kindly state 1. what are the lacunas in the new Acts. 2. Are the interest of Tenants and landlords are balanced in the new Acts. 3. Are there any more provisions to be included in the new act to balance the interest of tenants and Building Owners