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am staying at a rented apartment (Haryana) which I am going to vacate shortly- after a six month stay. The Landlord has said that he shall not be returning my deposit citing whitewash and repairs as reason. I would like to know the provisions in law, whereby he can do it, alternately - is there any law which makes whitewashing and minor repairs obligatory on the landlord. Lastly under what provisions can he ask for even more money for the above, and is there a particular protocol for it?

A. Dear Sir, I presume you must have signed an agreement before taking the house. You need to follow the conditions meticulously.If the terms and conditions says regarding payment, then you have to -pay otherwise simply do not bother to pay.Coming to white washing charges, it is the responsibility of the owner. See what is the standard practice there ? Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I am a 40 yrs old person living with my mother 70 yrs age in our ancestral flat whose rent receipt is in the name of my grand father, i run a tution classes in the said flat with a board outside the building, our landlord didnt took rent from tenants since 2003 as he had legal dispute going on with his brother who also had a share in landlordship, eventually his brother sold his share to two of his friends in 2014 and these new stake holders won the case in 2015. As per the legal decision old landlord is entitled to take rent from july 2003 to sept 2015 and after that all the landlords will mutually take rent, after losing the case the old landlord has a share of 54 percent in landlordship and the other two who won the case have a combined share of 46 percent, my problem is that the old landlord has taken 65000 rs from me of which 50000 are paid through bank check and only 15000 are left to be paid to fulfill the rent payment till sept 2015 but he is demanding commercial rent which goes upto 2-3 lakhs, and not giving me rent receipt saying he has paid tax on commercial basis to the municipal authorities which is a lie as i have the annexure which clearly mentions taxes paid on residential basis, he is avoiding paying rent receipts under this pretext, he wants to harass me. I want to know can he file for eviction in future citing non payment of rent and bonafide requirement or wether this decision can be taken by all the landlords and not he alone although he has 54 percent share in landlordship, pls inform. ( note : other landlords the ones with 46 percent share in landlordship have no problem with me they are genuine people)

A. Dear Sir, Get in touch with a Real Estate Lawyer of your town/city/ who is well versed in local laws/State laws can guide you better. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Anand Shukla Advocate Experience: 10 Year(s) North East Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 week ago

Hello Sir, I wanted to know is there any legal contract for renting some house for 11 months without paying any rent but there will be a bulk amt like 3 lacs which need to be given to landlord until you vacant the place , once you leave that flat 3 lac will be given to you. On that contract there is a condition that I will not charge any interest for those 3lac(tenant) and landlord will not ask for any rent. Please suggest me is it legal

A. Dear Sir, Your proposal is called leasing the property for 3 years or more. It is fine. Get a document on stamp paper and get it registered if you wish to more secure and transfer the amount only through bank or pay through Cheque or Demand Draft. 11 months period is fixed if you go for monthly rent basis under section 106 of Transfer of Property Act. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Anand Shukla Advocate Experience: 10 Year(s) North East Delhi
My dad is suffering from mental illness, the property belong to his name..He buyer a property at nallasopara east beside his brother house..Now due to some emergency and to take care of our dad we need sell the property and build the house for my dad at his native place, but his brother is torturing my mom and and giving him bad words whenever she comes to see our house, he even abused the Tennant's who came to see his house one of them being my friend, old help us as local police is not helping me ..We are a small family and I dont earn much that I hire a lawyer..We only have blessing left for those who will help me..

A. Dear Mr. Vikas Giri, Share your case history to Vidhikarya.com who will send it to me. After going through the case history, I may be interested. But I can not promise anything.It all depends on the merit of the case. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Ambrose Leo Experience: 9 Year(s) Bangalore

Anonymous

Posted 2 weeks ago

In 1979 my father(a Hindu), had given on rent @300/- a godown to a firm having 4 partners for mfg. and trading in Kolkata. Agreement was signed by all four partners having equal share. In 1982 one partner retired. In 1995 a new MOU was entered, whereby rent increased to 800/- with a clause of 10% increment every 4 years. This agreement was signed by the partner who held 50% share. In the meantime the partnership firm was converted to proprietorship keeping the name same without informing. The Proprietor of the new firm(not a partner earlier) is the son of the partner who held 50% share in the partnership firm and is still alive. The firm used to pay rent by cheque which my father used to deposit in bank. In 2013, my father expired. At the time rent was lying unpaid since past 6 months. I have not taken any rent from him after my father’s death. The property is in the name of my late father. I am the sole legal heir. What should be my legal stand? Can he be evicted?

A. Tenant always remain teanant. If he paid monthly payment to the landlord
Rameshwar Dadhe Exp: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
My great grantparent have land property After their death in 1970 my grandfather and his two sister name automatically added in property So now who is rightfull in property...my grandfather only or 3 of them?

A. Dear Client, All the legal heirs are claimants to the ancestral property. Consult a Senior Civil Advocate locally who will tell you the procedure to e followed. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 3 weeks ago

Hello, We are cultivating our relative's land since 30 years.In 2004, we wanted to buy 1 acre land from them for 3 lakhs and wrote an informal letter (puroni). We paid 1 lakh in 2004 and didn't pay anything till now. My relatives are not willing to sell that land now in 2018 even for 15 lakhs. Can we go to court using that informal letter (puroni) and demand them to sell the land for said money ?

A. Dear Client, You will be governed by the Tenancy Act of the State where you are located and cultivating the land. Secondly, you can not take advantage . Informal letter will have no meaning in the eyes of law. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I am a tenant in mumbai under rent control act. Landlord has filed eviction suit that I have done illegal alteration to loft. My room has a mezzanine floor / loft with height 4 feet which is 60% of carpet area but the municipal assessment report does not mention this anywhere. It only mentions carpet area as 180 square feet. It is excluding the mezzanine floor area. The existence of mezzanine floor is also not there in the MCGM assessment report. The carpet area af room is 180 square feet. The mezzanine floor / loft are is additional 90 feet. Is my mezzanine floor illegal because I have claimed that it is there since inception of my tenancy but building plan also shows only 3x3 loft and no mezzanine floor that I have filed in my reply. Will my claim stand in law or will court dismiss my claim?

A. Dear Sir, Please get in touch with a local Advocate who is well versed in Local Laws and also must have handled the eviction cases. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore

Anonymous

Posted 1 month ago

Dear legal team. There is a tenant in my father’s commercial property for over 20 years who has now not paid rent for over 5 years since my father fell seriously ill. The tenant is now demanding lot of money (market value of occupied portion of property) to vacate. The rent rate is also low amounts which was set many many years ago so it is not at today’s market rates. Unfortunately the rental agreement has been misplaced. Is there any law which can be used for eviction based on verbal rental agreement? What can be done in this situation? Also, is it not illegal for tenant to ask for money to vacate the premises and for the mental harassment of not willing vacate without giving them lot of money as ransom to vacate? What are the options to evict this difficult tenant?

A. Dear Client, I have nothing to add than what has already been stated by Mr Kishan Dutt Kalaskar, Retired Judge. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

Dear legal team. There is a tenant in my father’s commercial property for over 20 years who has now not paid rent for over 5 years since my father fell seriously ill. The tenant is now demanding lot of money (market value of occupied portion of property) to vacate. The rent rate is also low amounts which was set many many years ago so it is not at today’s market rates. Unfortunately the rental agreement has been misplaced. Is there any law which can be used for eviction based on verbal rental agreement? What can be done in this situation? Also, is it not illegal for tenant to ask for money to vacate the premises and for the mental harassment of not willing vacate without giving them lot of money as ransom to vacate? What are the options to evict this difficult tenant?

A. Dear Client, File an Eviction suit immediately and also lodge a complaint for asking excess money for nothing which is quite illegal.Try to get a local Advocate or an through vidhikarya.com to do the job faster. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
ROBERT D ROZARIO Experience: 15 Year(s) Kolkata

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