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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

13 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 Financial Markets and Services Lawyers in India

Prabhakara S K Shetty

Prabhakara S K Shetty

Advocate
Exp
Bangalore , Karnataka

Specialization

  • Financial Markets and Services
  • Family
I started practice in Bangalore in year 2000. Handled over 400 cases out of which about 80 cases in High Court of Karnataka writs, civil and criminal petitions, appeals, Public Interest Litigations, KAT and CAR , Lokayukta cases , property , matrimonial matters etc., View Full Profile
Total Answers Given : 619
Fareed  Ahmed

Fareed Ahmed

Verum Legal Associates - Partn
Exp
Mumbai City , Maharashtra

Specialization

  • Financial Markets and Services
  • Civil
  • Debt And Lending Agreement
  • International Laws
  • Mergers And Acquisition
Total Answers Given : 3
Dharmendra  Damani

Dharmendra Damani

Partner, Damani & Damani
Exp
Mumbai suburban , Maharashtra

Specialization

  • Financial Markets and Services
  • Property
  • Landlord And Tenant
  • Power Of Attorney
  • Sale Of Goods
Expertise with over 40 years of experience in all kinds of Property, Financial & Family dispute matters. Handling several matters across Supreme Court of India, Bombay High Court, Debt Recovery tribunals, City Civil Court, Session Court, Small Causes Court, Consumer forum, Metropolitan Magistrate's View Full Profile
HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Financial Markets and Services
  • 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
naidu  n

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Financial Markets and Services
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile
PARDEEP KUMAR DHINGRA

PARDEEP KUMAR DHINGRA

PARTNER WITH LAW FIRM
Exp
South Delhi , Delhi

Specialization

  • Financial Markets and Services
  • Arbitration and Mediation
  • Bankruptcy and Debt
  • Contracts and Agreements
  • Commercial
16 years of Experience in fields of International & Domestic Arbitrations, Corporate & Commercial Litigation, Acquisition, Merger/Demerger, Regular Litigation in Property, Real Estate, Trade Mark, Copy Right, Recovery, Civil disputes, Contracts, Writ, LPA, SLP, FDI, ODI, NCLT (IBC, Insolvency)etc. View Full Profile
Total Answers Given : 2
Vinay  Pratap Singh

Vinay Pratap Singh

ADVOCATE
Exp
Bhopal , Madhya Pradesh

Specialization

  • Financial Markets and Services
  • Civil
  • Advertising
  • Animal Laws
  • Aviation
Arnab  Banerjee

Arnab Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Financial Markets and Services
  • Criminal
  • Administrative Law
  • Arbitration And Mediation
  • Animal Laws
i am good at research work and documentation work of all kind. View Full Profile
Total Answers Given : 9
niranjan  e

niranjan e

LAWYER
Exp
Bangalore , Karnataka

Specialization

  • Financial Markets and Services
  • Cyber, Internet, Information Technology
  • Banking
  • Cheque Bounce
  • Civil
Total Answers Given : 58
Prodyut  Banerjee

Prodyut Banerjee

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Financial Markets and Services
  • Corporate and Incorporation
  • Commercial
  • Bankruptcy and Debt
  • Arbitration and Mediation
I am a Corporate Lawyer and Company Secretary having an experience of about sixteen years. Practicing at Calcutta High Court, NCLT and other Courts. I am dealing with all Commercial, Business and Corporate Legal matters. I am also dealing with Criminal matters involving White Collar Crime View Full Profile
Total Answers Given : 10
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  • What is Financial Market?
  • What is Financial Service?
  • Who are the primary regulators of the financial sector in India?
  • What is the aim of regulating the financial sector globally?

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

About the Financial Market and Service Laws


As per Black’s Law Dictionary, Financial Markets refer to the market for stock, bonds, bills of exchange, commodities, futures, and options. They are exchanges for capital or credit. Refer to capital market and money market.

As per Black’s Law Dictionary, Financial Services refer to the skills and offers that are offered by a bank or financial institution. It can be a savings account, checking account, confirming, leasing, or money transfer.

Indian Capital Markets are managed and checked by the Ministry of Finance, The Securities and Exchange Board of India and The Reserve Bank of India.

The Ministry of Finance manages through the Department of Economic Affairs - Capital Markets Division. The division is in charge of detailing the arrangements identified with the systematic development and improvement of the securities markets (i.e. offer, obligation and subordinates) and in addition ensuring the enthusiasm of the financial specialists. Its primary aim is reformation in the securities market on an institutional level, the building of a regulatory framework, bolstering investor protection mechanism, provision for the efficient legal framework for securities markets.

Regulators of Financial Market and Service Laws


The primary regulators of the financial sector in India are:

  • The Securities and Exchange Board of India (SEBI) which sets up regulatory policy, carries out implementation as well as has the power of enforcement of the regulatory rules. Complaints regarding decisions of SEBI are adjudicated by the Securities Appellate Tribunal
  • Reserve Bank of India which looks into the aspect of implementation of monetary and credit policies. RBI is the banker to the government. RBI has several policies which affect the financial sector. These policies also influence the rates of inflation.
  • National Stock Exchange (NSE) – it provides specific regulations for the domain of securities market.

Need of regulating the financial sector


The goal of regulating financial sector is to protect the de facto principles of regulation which include things like protection of stability in pricing, safeguarding of the small investors, prevention of market misconduct, and so on.

Regulation of financial sector universally is comprehensively guided by two aims: prudential regulation and direct of business regulation, including consumer protection. The four key institutional frameworks for regulation of the financial sector globally – Institutional Approach (element based regulation), Functional Approach (movement based regulation), Integrated Approach (all-inclusive controller model) and Twin Peaks Approach (division of prudential regulation and lead of business regulation) – all endeavour to address the above destinations through various formal structures. Post-crisis, another measurement of 'systemic stability' is being tried to be included as another goal of financial sector regulation yet the correct shapes in such manner are still in progress.

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