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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
2 weeks ago

Daughter's claim on father's property When she can...
Young spouses with minimal education or earning capacity are destined to be harassed by the husband as well as the husband’s family. To exacerbate matters, one’s parents may not be very keen on providing support to their child besides the siblings may not be too keen on sharing the ancestral property.In such a situation what would one do is the moot point. Financial dependence, whether on the father, brothers or husband, has been the root cause of women being subservient historically. It was with the notion of creating a level playing field that fueled the Hindu Succession Act 1956 amended in 2005, permitting the daughter’s equal share in ancestral property. Notwithstanding the Succession Act 1956, the real question is whether one’s father can deprive his son or daughter of their rightful claim in the property or not. If the property is ancestral According to Hindu law, there are two types of property; ancestral and self-acquired. By definition, ancestral property is essentially four generations of an inherited undivided property with male heredity. Descendants, regardless of a daughter or son, has the birthright to an equal share in the property. Prior to 2005, only sons rather than daughters were claimants of shares in ancestral property. Therefore, legally, a father cannot will ancestral property to whomsoever he desires, or in other words, a daughter cannot be deprived of her share in the ancestral properties. If father self-acquired property In the case of self-acquired property, for example, where a father may have purchased a plot of land or house with the money he has earned, a daughter’s position becomes weaker. The father, in a situation like this, would have the right to gift the property or will the property to whomsoever he wants, and a daughter would be constrained to contest her father’s decision. Death of the father intestate If the father leaves no will and dies intestate, all legal heirs have an equal right to the property. The heirs of a male according to The Hindu Succession Act are categorized into four classes and the inheritable property can be claimed by Class I heirs including the widow, daughters, and sons, apart from anyone else. All heirs are claimants to a portion of the property, which essentially means being a daughter one would have the right to a share in the property of one’s father.For married daughters Prior to 2005, the Hindu Succession Act regarded daughters simply as members and not coparceners of the Hindu Undivided Family (HUF). Coparceners are the descendants of common lineage, with four generations, in the beginning, with a birthright to property that may be ancestral or self-acquired. Nonetheless, married daughters aren’t regarded as a member of the HUF. After the amendment in 2005, daughters have got the recognition of a coparcener and the fact that she may be married does not alter her claim over the property of her father. The daughter was born or father’s death was before 2005 It hardly matters whether the birth of the daughter was prior to or after 9 September 2005, when the Act’s amendment was instituted. Both the son and the daughter would have equal rights to the property of the father regardless of whether the property is ancestral or self-acquired or the birth date of the daughter. Conversely, if the father is alive as of 9 September 2005 then the daughter would be facilitated staking a claim over his property. If the father died prior to 2005, she would not have any right whatsoever on the ancestral property, and self-acquired property would be partitioned according to the will of the father. Call 7604047601 for a consultation with registered expert property lawyers on Vidhikarya.
Posted By
Avik Chakravorty
3 weeks ago

Consult Top Property Lawyers in India

Gyan Prakash
Specialization
- Property
- Real Estate
- Civil
- Sale
- Power Of Attorney

DHARMARAJ ALLUKAPALLY
Specialization
- Property

DEVYANI NATH
Specialization
- Property
- Contracts and Agreements
- Consumer Protection
- Tax
- Advertising

Shayamnarayan Shukla
Specialization
- Property
- Criminal
- Civil
- Cheque Bounce
- Family

Swarnika Aggarwal
Specialization
- Property
- Divorce
- Banking
- Bankruptcy And Debt
- Cheque Bounce

Adv. Arvind kumar singh
Specialization
- Property
- Criminal
- Commercial
- Insurance
- Maternity

Vaswati Banerjee associates
Specialization
- Property
- Cheque Bounce
- Divorce
- Arbitration And Mediation

sathish kumar v
Specialization
- Property
- Civil
- Contracts and Agreements
- Corporate And Incorporation
- Employment And Labour

Rahul Dhamija
Specialization
- Property
- Divorce
- Domestic Violence
- Cheque Bounce
- Consumer Protection

Barun Ghosh
Specialization
- Property
- Adoption
- Banking
- Cheque Bounce
- Child Custody
- What is Property Law?
- What are the Applicable Laws in Relation to Property?
- Is Registration Compulsory while buying a property?
Property and resources govern the events of humanity. As per Montesquieu, ‘one would forget sooner the murderer of his father than the man who robbed him of his property’. Hence, there are well defined statutes governing interactions involving properties. The major legislation in this regard is Transfer of Property Act. For the scope of this article; Partition, Will, Intangible Property, Succession, Property Dispute etc. shall not be discussed as they are covered under specialised statutes and/or recognised legal practises.
What is Property Law?
Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon.
Laws applicable to Property related Matters?
- Transfer of Property Act, 1882
- Indian Easement Act, 1882
- Registration Act, 1908
- Stamp Act, 1988
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (at instances of land acquisition)
- Indian Contract Act, 1872
- Specific Relief Act, 1963 –Part II
What does Constitution of India Reveal about Property?
Initially, Right to Property was a fundamental right under the Constitution in the form of- Article 19(f) which spoke about the right to acquire, hold and dispose of property, subject to reasonable restrictions & Article 31 which, as originally enacted, said that no person shall be deprived of his property except by authority of law. Forty Fourth Amendment to the Constitution of India, deleted Article 19(1)(f) and Article 31[Article 300-A is now the provision regarding right to property]. The current position of the Supreme Court on interpretation on the right to property can be gleaned from one of the few direct judgements on property after the 44th Amendment, particularly the case of ‘Jilubhai Nanbhai Khachar Etc. v. State of Gujrat And Anr. Etc.’. This case dealt with mines taken by the State under legislated laws from erstwhile revenue farmers and upheld the right of the State to do so under Article 300-A, not entertaining any discussion on adequacy of compensation. Among other things, it is unequivocally held that the right to property under Article 300-A is not a “basic feature or structure of the Constitution” and that the Legislature has power to acquire the property of private person exercising the power of eminent domain by a law for public purpose.
What are the Basic Principal of Property Law?
- Immovable property does not include standing timber, growing crops or grass as per Section 3 of the Act.
- Suresh Chand v. Kundan, 2001 – a portion of land with saplings in it was sold. The seller later argues that the objection was to sell land without trees, and asked for a type of compensation for the extra gain which the other party is getting. Court held that in absence of any express/implied intention in the agreement, it would be taken that the land along with saplings standing on the land which subsequently grown into trees were sold.
- At instances of conflict between Muslim Law & Transfer of Property Act, it is the Muslim Law which shall have prominence.
- Future properties cannot be transferred, for example, Spes Successionis is a void transfer
- K. Muniswamy v. K. Venkataswamy – on grounds of sound public policy, total restraint on the right of alienation in respect of immovable property which prevents free circulation is to be held void.
- Section 108 of the TRANSFER OF PROPERTY ACT, 1882 enumerates the rights & liabilities of lessor & lessee.
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