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I am about to rent my home and I would like to include in the tenancy agreement that the tenant is responsible for the maintenance of the house, meaning responsible for water pump maintenance or repair, any leakage, garden maintenance... Am I legally allowed to do so? If not, what maintenance responsibility has my tenant got? Thanks for your advice. Ash
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A. Dear Sir, Everything is legal as it is mutual between you and your tenant, provided he accepts.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Malabika Mitra Experience: 17 Year(s) North 24 Parganas
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

abhijt naskar

Posted 1 month ago

we are living in a house which was rented by my grandmother in the year 1937.the land lord used to give rent receipt for the rent recd. as days passed on my grandmother and the landlord expired.the the house rent was given to the son of the landlord and the rent was given by my aunty named mira kar and from 1971 due to some miss communication the rent was being deposited in the rent controller office.in the year 2012 the house was sold to the promoters without our consent meanwhile my aunty died and she was unmarried .we fought a case for our tenancy but court has rejected the plea telling that because she was unmarried so tenancy does not exists.meanwhile the promoters gave us a letter in the year 2012 telling that they are present landlord and we are their tenant. this case is going on from 2012 now what can we do regarding this matter.court has passed an order saying contested and dismissed now what we ca n do please help us in this matter. abhijit
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A. you have prefer appeal or revision
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Deepak Bade Experience: 9 Year(s) Nanded
The premises under dispute is situated in Kolkata, West Bengal. My grandfather is the landlord. We had filed a case of eviction against the tenants on the grounds that they were not willing to pay increased rent, which was dismissed as my grandfather was unable to attend the court hearings for a significant period of time. The tenants claim that they have been submitting rent to “rent controller” during that period of time. But when we asked for the rent receipts, they replied they cannot show us the rent receipts, as per their lawyer’s advice. Can they do that legally? Also, given that the lawyer appointed by our grandfather (my grandfather gave power of attorney to the lawyer) is also not cooperating to help us get the rent amount from “rent controller”, how do we get the rent. Also, if we find out that, the tenants have not been depositing the rent money in “rent controller”, what steps can be taken? Our main objective is to evict the tenants, as we want to use the premises for other purpose. The problem is, that my grandfather has misplaced the rent agreement, grandfather’s lawyer is neither helping us nor sharing the documents of the case with us, and the tenants have been paying a very low rent for a very long time. Pls advice on how to proceed.
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A. Dear Sir, There are so many shortcut ways to get possession of tenanted premises. Please approach any talented advocate.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

There is a tenent in my building who is running a shop there from the past 50 years. i lost the case against him by the Supreme court order in 2011. How to evict him as he is financially stronger then me.
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A. Without knowing full details I am unable to answer.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Viswanath M K Experience: 5 Year(s) Chennai

Akanksha Chauhan

Posted 1 month ago

So I got this house through a broker and I paid a brokerage... He said there is a 6 month's locking period. Also the security deposit will be refunded in case you look for your replacement, which I did. Now the flatmates have schemed along with the landlord and they are throwing tantrums that it cannot be a guy flatmate shifting in... Although there is a live in couple that lives in the flat as well. I didnot sign any agreement saying I will only have to find a female flatmate to get the refund of my security.
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A. U can easily get your security. First tell me in which state the property is situated. Secondly, i need to see your agreement what are the terms and conditions
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Harsh Vardhan Exp: 4 Year(s) Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Akanksha Chauhan

Posted 1 month ago

So I got this house through a broker and I paid a brokerage... He said there is a 6 month's locking period. Also the security deposit will be refunded in case you look for your replacement, which I did. Now the flatmates have schemed along with the landlord and they are throwing tantrums that it cannot be a guy flatmate shifting in... Although there is a live in couple that lives in the flat as well. I didnot sign any agreement saying I will only have to find a female flatmate to get the refund of my security.
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A. Dear Sir, You can get issue a legal notice and then file a suit for recovery of amount.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

My landlord is not giving permission for renovation of my store?Every time I discuss regarding renovation he ignored it and tell other things.What to do ?And How to renovate my store? Kindly advise?
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A. If the renovations are absolutely necessary then you have all the rights to do the same. You can just intimidate the landlord of such renovations mentioning that he did not listen even after repeated requests. As such you have all the rights to renovate the premise [Provided that you are not destroying the nature of the same] The costs of such renovation can be deducted/adjusted with the rent paid. Thanks Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

v singh

Posted 1 month ago

I am the owner of the flat in a apartment, the upstairs are person on rent..two children's age 2 yrs and 3 yrs are jumping and running by making high noises...lot of disturbances are there...they r telling we r helpless to control them...owner is not cooperating
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A. Dear Sir, You may follow the following: ------------------------------------------------------------------------------------------- How to File a Harassment Complaint Against a Neighbour Is Calling Police an Option? Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors. Harassment Through Nuisance You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act. Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood. A common nuisance is not excused on the ground that it causes some convenience or advantage. If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate. Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more. As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools. Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. We recommend you get in touch with ClikLawyer.com. Harassment Through Mischief When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under – Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. You can file suit for declaration and mandatory injunction in a civil court as well. You can claim damages in the same suit. THE KARNATAKA POLICE ACT, (similar State Police Act also existing in each State) 92. Punishment of certain street offences and nuisance.—(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,— (a) without lawful excuse drives along, or keeps standing in, any street a vehicle of any description or drags or pushes in any street, a vehicle of any description other than a bicycle at any time between half an hour after sunset and one hour before sunrise without a sufficient light or lights; (b) without reasonable cause, drives, drags, or pushes any vehicle otherwise than on the near or left side of the road or passes any vehicle except on the right side of it and at any speed higher than what may be prescribed by notification by Government; (c) leaves in any street insufficiently tended or secured any animal or vehicle; (d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority; (e) exposes for hire or sale any animal or vehicle, cleans any furniture or vehicle, or cleans, grooms, trains or breaks in any horse or other animal or makes or repairs any vehicle or any part of a vehicle in any street (unless when in the case of an accident repairing on the spot is necessary) or carries on therein any manufacture or operation so as to be a serious impediment to traffic or a serious annoyance to residents or to the public; (f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time; (ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate; (g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon; (h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; (i) uses or operates at any place any apparatus for amplifying any musical or other sound, such as a megaphone or loudspeaker, any time between ten o’clock in the night and six o’clock in the morning, whereby any annoyance, disturbance, or discomfort is caused to the inhabitants in the vicinity; (j) obeys a call of nature or permits a child to do so or bathes or washes his person in or near to and within sight of a street or public place (except in some place set apart for the purpose by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passers by; 52 (k) negligently lets loose any horse or other animal, so as to cause danger, injury, alarm or annoyance to the public, or suffers a ferocious dog to be at large without a muzzle, or sets on or urges a dog or other animal to attack, worry or put in fear any person or animal; (l) bathes or washes in or by the side of a public well, tank, or reservoir, not set apart for such purpose by order of a competent authority or in or by the side of any pond, pool aqueduct, part of a river, stream, nalla or other source or means of water supply in which such bathing or washing is forbidden by order of the competent authority; (m) defiles or causes to be defiled, the water in any public well, tank, reservoir, pond, pool, aqueduct or a part of a river, stream, nalla or other source or means of water-supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority; (n) obstructs or incommodes a person bathing at a place set apart for that purpose as aforesaid, by wilful intrusion or by using such place for any purpose for which it is not so set apart; (o) wilfully and indecently exposes his person, uses indecent language or behaves indecently or riotously or in a disorderly manner in a street or place of public resort, or in any public office; (p) is drunk and incapable of taking care of himself in a street or place of public resort; (q) wilfully pushes, presses, hustles or obstructs any passenger in a street, or disturbs the public peace or order, by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle, or otherwise; (r) uses in any street any threatening, abusive or insulting words or behaviour or posts up or affixes or exhibits any indecent, threatening, abusive or insulting paper or drawing with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned; (s) begs importunately for alms, or exposes or exhibits, with the object of exacting charity, any deformity or disease or any offensive sore or wound in or near to and within sight of any street; (t) throws or lays down any dirt, filth, rubbish or any stones or building materials in any street, or causes any offensive matter to run from any house, factory, dung-heap or the like into any street (u) neglects to fence in or duly to protect any well, tank, or other dangerous place or structure; (v) without the consent of the owner or occupier, affixes or causes to be affixed any bill, notice or other paper upon any building, wall or fence, or writes upon or defaces or marks any such building, wall or fence; (w) without the consent of the Government or the public authority concerned, affixes or causes to be affixed any bill, notice or other paper upon any lamp-post, tree, letter-box, transformer, street or any other property belonging to Government or any public authority, or writes upon or defaces or marks or causes to be written upon or defaced or marked, any such lamp-post, tree, letter-box, transformer, street or other property; (x) spits or throws any dust, ashes, refuse or rubbish in or near to any street, public place or place of public resort so as to cause annoyance to any passerby; (y) 1 [xxx]1 or spits in any court, police station, public office or building occupied by Government or any public body, in contravention of a notice by a competent authority in charge of such place and affixed to such court, station, office or building, 53 1. Omitted by Act 2 of 2003 w.e.f ….. shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code. 1 [(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,— (i) to such local area as may be specified in such notification; or (ii) to such local area for such period as may be specified in such notification. (b) The State Government may at any time rescind any notification issued under subclause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area Punishment for cruelty to animals.—Whoever cruelly beats, goads, overworks, illtreats, or tortures or causes or procures to be cruelly beaten, goaded, overworked, ill-treated or tortured any animal shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees, or with both. 94. Punishment for willful trespass.—(1) Whoever without satisfactory excuse willfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or appropriated to public purposes, or on any vehicle or vessel, shall, on conviction, whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees. (2) Any Police Officer may, on the information of any person in possession or in charge of any dwelling house, premises, or land or ground attached thereto, or of any ground, building, monument or structure belonging to Government, arrest without a warrant any person alleged to have committed therein or thereon any offence punishable under sub-section (1) of this section.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Sayaree Ganguly Experience: 2 Year(s) Hooghly
Suneel Moudgil Experience: 15 Year(s) Panipat
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
1. Two partners(50% each) were staying together in a flat which is owned by the company electric bill and rent receipt stand on the company's name nearly thirty years back. one partner had shifted to native due to ill health of his wife, only one partner family residing in this falt Now said the building is under redevelopment The partner who used to reside approached to the builder & start claiming full right on the tenancy of the flat,later second partner also approached to the builder and aprise him all fact as mention above the builder asking for tenancy agreement which is lost in shifting, we told the builder that we have lost tenency agtreement you refer your copy & we have submitted ecelctric bill to him showing company tenency. Now how can i defend my interest please advise us? emailpwcbombay@gmaio,com
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Hi... Greetings My name is anmol Sharma...i am here because my family didn't get paid since 4 years as someone is using our agricultural land...I want to send them legal notice...They are using our land since 40 years...I also want to know If i can file a case against them so we can self use or sale our land in appropriate price...(i want to know if they can be baedhakal from our property) PLZ HELP
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A. If u have any agreement between both parties then it will be possible otherwise not possible to u. 12 year time limits for filling case against them.
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Rameshwar Dadhe Exp: 2 Year(s) Aurangabad

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