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Rakesh Gupta

Posted 1 year ago

What is C41

A. Please elobarate properly in what sense you are talking about,according to me It's type of marriage form used in another country.
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Rakesh Gupta

Posted 1 year ago

A notice sent by a lawyer to a tentat by a speed post and not by registered post is legally served

A. Section 106 in The Transfer of Property Act, 1882
(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

In view of above wordings it shall be treated as legally serv ...ReadMore
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Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
Nirmal  Chopra
Nirmal Chopra Experience: 20 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Rakesh Gupta

Posted 1 year ago

After final argument between the lawyers the judgement is likely to be given on next hearing

A. Within 15 days it has to be delivered. No limit for High Courts.
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Gopal Krishna

Posted 1 year ago

Sir I m tenant at Modinagar Cane Complex Shops since 1980 or before. These shops are on rent however suddenly Cane Society (Ganna Samiti) sent a notice to us for rent increasement which was ten times to the existing one for example if 100 then now 1100. We protest against that at SDM office Modinagar. A case was filed there how ever SDM who was officiating the secretary of Cane Society given her verdict in favour of Cane Complex, which was legally wrong, we flied a case a district court Ghaziabad to challange thr verdict and to dismiss the case as SDM himself could not give verdict on such cases. Once final verdict was ready however judge got promoted and transferred. Since then no verdict came on our case, however in some cases court ask to deposit 1/3 rd of new rent. Leading to this Cane Complex with permission to SDM are sealing the Shops who r not paying the rent and they r not agreed to entail stay on the case as it was issued in 2014 and they r asking for new one. In instant case we want that stay be given to us and all rent 100% (old rate) be deposited with Bank and a speedy trail be expedited at District court Ghaziabad. Can it be done we don't have much time.

A. Better to consult a high court advocate to take up the issue as when matter is pending in district court you cannot approach the high court provided there is question of illegality & injustice and you can seek relief from High court.
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Karthik Venkatraman

Posted 1 year ago

I am residing in an apartment and the apartment has a association to take control of the day to day activities. As a maintenance cost they have fixed a cost of Rs 1950 per month. The break-up of fixed cost is as below; Payment to Security & maid Common Electricity Garbage Collection Deisel for Generator Cleaning materials Drinking water for guards & maid Buffer money for unforseen expenses Fresh water Tanks Cleaning Garden Maintenance Motor(s) repairs/Electrical Works Main Gates Repairs Bulbs Lift Annual Maintenance Contract Common Plumbing Issues - Drain Pipes Sewage & Septic tanks Cleaning Apartment Adda Subscription Generator Annual Maintenance Transformer Annual Maintenance Borewell repair/Maintenance Minor civil works/Paintings Some tenants feels like the components added in the fixed cost must be borne by the owners and as tenants they are not liable to pay them. These include the below things Lift Annual Maintenance Contract Common Plumbing Issues - Drain Pipes Sewage & Septic tanks Cleaning Apartment Adda Subscription Generator Annual Maintenance Transformer Annual Maintenance Borewell repair/Maintenance Minor civil works/Paintings Hence want to know what are the costs that will be covered by the tenants in the above list and what are the things to be billed from the Owners. The association is not a registered association. Also can the tenants ask for the expense bills for the expenses made by the association? Also what items will be covered in the corpus and sinking funds?

A. Dear Sir,
They have to account for the same and produce copies expenditure vouchers before you on demand.
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RAVI PERIYASAMY

Posted 1 year ago

Am from trichy. In Aug 2016, while we entered shop rental agreement(registered), building owner fixed lock in period to pay rent for 2 years, whether we run the business or not. Due to loss, we closed business on Oct 2017 & handover the shop key with notice (prior to 9 months). We demand to repay full amount of security deposit. Owner says, he will refund after deducting remaining 9 months rent. Till now, no tenant occupied. Is it legally correct or against law?

A. If the building owner has rented out the shop to anyone else, you can firs tissue a notice and file a case for recovery, Otherwise it is a futile attmept.
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Ashish K Dongre
Ashish K Dongre Experience: 12 Year(s) Thane
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
In a Family Bungalow, in possession of 2 brothers, 1 brother has rented out his portion of the house to his best friend. This friend / tenant has a car. The brother who resides in that house has objected to the tenant parking his car in the common compound of the family bungalow. He has no problem with the other brother parking his vehicle, but strongly objects to the tenant parking his vehicle there. Nothing about parking is mentioned in the Leave & Licence agreement. Can the tenant park his vehicle in the common compound of the rented premises?

A. You can obviously park your vehicle in the space meant for your landlord. It is the discretion of the landlord to decide as to who will use the space which falls in his share but at the same time his co- sharer I.e brother in present case can raise an objection that space is meant for owner being joint property. It is better you sort out the issue amicably
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Anonymous

Posted 1 year ago

The landlord made my false signature on rent agreement,do I can challenge him ,with the bank signature

A. Yes you can.
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Nilanjan  Chatterjee
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Nirmal  Chopra
Nirmal Chopra Experience: 20 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Hi, I stay with my family in stand alone building and not a society in which there is no water connection from neither corporation not borwell. My rent is 8000 and as per agreement I am liable to pay for Building Maintanance and Electricity bill which I agree but apart from that there is a water supply charges by tanker which is not mention in agreement and taken from us by owner. When i spoke to Builder, he said that water is Owner's responsibility as the water is a basic need in a rented flat. Please advice what legal action can I take as I am not responsible for water supplied by the tankers.

A. Dear Madam/ Sir,
you should have checked about the facilities and have a relevant clause in the agreement. Normally tenanted houses must be provided with water at the cost of owner. It is a common sense. Just stop payment of rent and let him go to Court for arrears of rent.
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I am staying on a builder floor of 6 floors side by side and i am staying 2nd floor on one side. Out of 6 floors, apart from 2 floors (ground floor on my side and my floor), all other 4 floors with roof are related to single owner. That single owner is well known former politician and when we bought our floor, we forgot to check that the roof access from other side of the building which is in complete control of that single owner. Now, that owner says: - Parking on our side is being owned by him - Roof is in his control so he is now forcing us to get off the water tanks from roof Also, he mentally harrasing us from letting us go to the roof to see the problems occurs with water supply. Water tanks kept on roof is having some leakage due to which the sippage came down and his floors getting damaged. We told him that we are ready to fix the sippage root cause but he just keep on saying get off the water tank from roof. Please help me understand is this at all legally possible for him own the roof (stopping us to go to roof) and the parking space down the building. Also, confirm how to have the issues sorted out.

A. dear client in your matter Please share your purchase agreement for an advice in this regard.
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