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How to have a tenant vacate premises by sending a...

If one were to own extra houses and earn rental income out of those houses then its regarded as a source of passive income. Nonetheless, if right steps aren’t taken, this passive income source may turn out to be nightmarish and more so if one had to deal with careless tenants.Legal notice of vacating the premises from the landlord to the tenant is presumed as an opportunity of eviction of the tenant followed by the tenant looking for a new place to stay. Notice to the tenant for vacating is a circumstance where a tenant gets a reasonable time to vacate the place on rent and look for a new one.Why send notice to vacate premises?An eviction notice in India is a formal intimation to the tenant. For the tenant to vacate the rented property, a legal notice is essential.The situation gets worse for a landlord in any tenancy if the tenant deliberately or is intent on stubbornly holding on to his/her ground and staying put. Tenants of the type create inexorable nuisance at the landlord’s expense. Such incidents are quite common in India. The tenant forcibly remains in possession, thus provoking the landlord to file a lawsuit to evict the tenant. However, prior to filing a case, the landlord ought to first and foremost send notice to the tenant for vacating the premises.In the case of employee accommodations provided by employers often are put up on rent for some extra income. Nonetheless at times, evicting the tenant even after intimating that the tenant ought to vacate the apartment is a hassle of sorts. There is no reason at all for a landlord to be worried even if such a scenario looms. The landlord could consult an expert lawyer to evict the tenant after all the criteria of the notice are fulfilled. At this point, sending a tenant eviction notice drafted by an experienced lawyer is crucial.  How should the landlord deal with the tenant?If the landlord wants to send the tenant packing to form his rented property he would ideally send a notice or letter for vacating the premises to the tenant. The landlord is the owner of the property and therefore can rightfully claim his property from the tenant after giving a reasonable time to the tenant to vacate the property. While it's not mandatory, intimating a tenant to vacate the property through eviction notice is the acceptable protocol of apprising the tenant of the fact that the landlord intends on evicting the tenant.Eviction notice to the tenant is a type of evidence in the Court of Law that the tenant did get adequate time to make alternative arrangements in the interim period and move out.Oftentimes situations arise where properties are on lease through long term lease agreements. However, the tenant ought to vacate it prior to the end of the lease term. In cases like that, the landlord would typically send a notice of lease termination to the tenant and the tenant would have to vacate the premises within a reasonable time.Call 7604047601 for consultation with a registered expert property lawyer on Vidhikarya. 

Posted By

Avik Chakravorty

10 hours ago

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A step-by-step guide for legal recourse when Chequ...

|A Cheque is a mode of payment that is widely used for transactions including loan re-payment, payment of salary, bills, fees, and so on. Banks on a daily basis process and clear the vast majority of cheques. Issuing cheques are essentially proof of payment. However, cheques undeniably are a reliable mode of payment for most people. Conversely, issuing crossed “Account Payee Only” the cheque is advisable and indeed recommended so that the cheque is not misused in any way, shape or form.  A cheque basically is a negotiable instrument and they are of two types including Crossed and Account payee cheques which are non-negotiable by any person excepting the payee. The issued cheques have to be deposited into the bank account of the payee. The legal definition of the author of the cheque is ‘drawer’ and the cheque is drawn in favor of the ‘drawee’ and the paying bank is typically known as the ‘payee’. Cheque bounce cases in recent times are quite common. Occasionally, huge cheque amounts remain unpaid and payee banks return them dishonored.Dishonor of cheque results in the drawee bank issuing a ‘Cheque Return Memo’ to the payee’s banker pronto stating the reason for non-payment of the cheque. The banker of the payee then returns the memo and the dishonored cheque back to the payee. The cheque can be reissued or the payee can reissue the cheque within the timescale of three months of the cheque date if the drawer believes issued cheque will be honored the second time around. However, if the issuer of the cheque fails in making a payment, then its the payee’s right to proceed along the lines of legally prosecuting the drawer.  The defaulter/drawer may be legally prosecuted by the payee for the fact that the cheque was dishonored. However, the only exception to the rule is if the cheque amount is huge and the cheque payment is towards discharging debt or other defaulter liabilities towards the payee. In the case of a gift cheque, which may have been towards obtaining a loan or for illegal purposes, then the drawer is exempt from being prosecuted.Legal action In case of payee deciding to proceed legally, then the payer ought to have the chance of repaying the cheque amount pronto. The chance ought to be given only in the form of notice in writing. The notice ought to be sent to the drawer within a month of receipt of the “Cheque Return Memo” notice from the bank. The notice also ought to allude to the fact that the cheque amount ought to be paid to the payee within a fortnight from the receipt date of the notice by the issuer. If the issuer of the cheque is unable to pay within a month of receipt of the notice the payee is entitled and indeed empowered to file a criminal complaint under Section 138 of the Negotiable Instruments Act. Call 7604047601 for a preliminary phone consultation with the registered expert cheque bounce lawyers on Vidhikarya.

Posted By

Avik Chakravorty

1 day ago

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Consult Top Insurance Lawyers in India

Prashant  Mane

Prashant Mane

Advocate
Exp
Pune , Maharashtra

Specialization

  • Insurance
  • Civil
  • Arbitration and Mediation
  • Cheque Bounce
  • Consumer Protection
Iam Prashant Mane more than 10 year of experience in civil, contract, arbitration, consumer, labour, insurance, cheque bounce cases. I also have experience in corporate documentation. View Full Profile
Total Answers Given : 7
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Insurance
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Advocate Harish Kaushik has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. View Full Profile
Hari Bhawan  Pandey

Hari Bhawan Pandey

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Insurance
  • Civil
  • Commercial
  • Consumer Protection
  • Cheque Bounce
I am practising in Allahabad High Court Allahabad since 2002 the date of Enrollment in Bar Council of Uttar Pradesh. I am giving my best service in CRIMINAL and Service Matters including Central Administrative Tribunals Allahabad. View Full Profile
ROHIT  DALMIA

ROHIT DALMIA

ADVOCATE
Exp
Mumbai suburban , Maharashtra

Specialization

  • Insurance
  • Debt Collection
  • Arbitration And Mediation
  • Bankruptcy And Debt
  • Commercial
An Enthused Advocate who looks for challenging cases and assignments. Have Presence at major cities of India through Associate offices. View Full Profile
Khansaeed  Pathan

Khansaeed Pathan

9
Exp
Beed , Maharashtra

Specialization

  • Insurance
  • Criminal
  • Civil
  • Cheque Bounce
  • Child Custody
A confident, enthusiastic and self motivated professional with 9 years of qualitative experience in legal field; expert in handling civil & criminal litigations and consumer cases; View Full Profile
Total Answers Given : 9
Shivaleela  Gujare

Shivaleela Gujare

lawyer
Exp
Pune , Maharashtra

Specialization

  • Insurance
  • Cheque Bounce
  • Banking
  • Adoption
  • Civil
Total Answers Given : 2
Ramgopal  Aiyer

Ramgopal Aiyer

Managing Partner
Exp
Mumbai , Maharashtra

Specialization

  • Insurance
  • Criminal
  • Cheque Bounce
  • Banking
  • Commercial
Managing Partner of Kaleeyantey Law Firm presently having offices in Mumbai and Navi Mumbai handling Litigation and Non Litigation matters on Civil side and Criminal side as well. View Full Profile
Total Answers Given : 3
mudassir  hussain

mudassir hussain

Associate
Exp
Bangalore , Karnataka

Specialization

  • Insurance
  • Intellectual Property, Copyright, Patent, Trademar
  • International Laws
  • Bankruptcy And Debt
  • Consumer Protection
Working as an associate at Lawyers Transcontinental and have been involved in corporate law, tech law and general litigation. View Full Profile
Total Answers Given : 3
Harshit  Kedawat

Harshit Kedawat

Advocate
Exp
Delhi , Delhi

Specialization

  • Insurance
  • Cheque Bounce
  • Divorce
  • Consumer Protection
  • Real Estate
I am an Advocate, registered under Bar Council of Delhi. I have worked on different types of contract and appeared before different courts, forums in New Delhi, Gurgaon, Chandigarh and Jaipur. I have expertise in Real Estate (RERA), Civil Matters, Consumer Matters, Matrimonial Disputes, etc. View Full Profile
Total Answers Given : 2
Deva A S  Gibsons

Deva A S Gibsons

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Insurance
  • Divorce
  • Civil
  • Administrative Law
  • Arbitration And Mediation
I have been practicing since 2014 November, I am having 4 year 9 months of experience in related field like (divorce, criminal ,civil )etc. View Full Profile
Total Answers Given : 1
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  • What is Insurance
  • What are Insurance Laws?
  • Who is an Insurer?
  • Who is an Insured?
  • What areas are covered by the Insurance Laws?

Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Insurance Laws related queries and also guide you on how to resolve this matter with ease.

About the Insurance Laws


As per Black’s law dictionary, insurance refers to a contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the “insurer” or “underwriter;” the other, the “insured” or “assured;” the agreed consideration, the “premium;” the written contract, a “policy;” the events insured against, “risks” or “perils;” and the subject, right, or interest to be protected, the “insurable interest.”

What are the applicable laws to the Insurance Sector?


  • The Motor Vehicles Act 1988
  • The Insurance Laws (Amendment) Act 2015
  • Insurance Act 1938

Some important governance of Insurance Laws


  • Insurance Act 1938 – it is the essential law relating to insurance which prescribes the procedures and requirements to agree to by insurance organizations while doing the business of insurance and re-insurance. It likewise prescribes the arrangements relating to insurance affiliations, chambers and councils.
  • The Motor Vehicles Act 1988 – it prescribes the arrangements related to the 3rd party insurances to be gotten by motor vehicle proprietors and furthermore the obligations of the insurers towards outsiders in instances of accidents.
  • The Insurance Rules 1939 – accommodates licensing of different delegates and arrangement of different panels and the compliances to be seen by insurance organizations while working in the matter of insurance.
  • Insurance Regulatory and Development Authority (IRDA) Act 1999, And, The IRDA Rules & Regulations – the obligations, powers and elements of the IRDA have been indicated under Section 14 of the IRDA Act 1999. The IRDA has the obligation to advance, regulate and ensure methodical development of the insurance and re-insurance business crosswise over India, subject to the arrangements of this Act and some other law being in compel. This Act additionally sets out the Code of Conduct for insurance delegates.
  • The Insurance Laws (Amendment) Act 2015 – this amendment has been achieved with an expectation to help the insurance part in India. The most essential amendment delivered by the Act, its point is to build the FDI top in insurance companies in India from 26% to 49%.
  • Foreign Exchange Management (Insurance) Regulations 2000 – grants a person resident in India to take or keep on holding a life insurance policy issued by an insurer outside India, gave that the policy is held under a specific or general authorization of the Reserve Bank of India. It likewise allows a man resident in India to keep on holding any life insurance policy by an insurer outside India when such individual was resident outside India, with no consent of the RBI

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