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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

14 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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HARISH  KAUSHIK

HARISH KAUSHIK

Advocate
Exp
Central Delhi , Delhi

Specialization

  • Tax
  • 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
Sushil Kumar  Kalra

Sushil Kumar Kalra

FREE LANCER
Exp
South West Delhi , Delhi

Specialization

  • Tax
  • Corporate And Incorporation
  • Partnership
Experience of 31 yrs in Accounting & Taxation. Presently providing following Services Finalisation of Accounts Taxation (Income Tax & GST) Company & Labour law WILL Drafting & Registration Legal Drafting & Consultancy Cheque Bouncing Cases IPR (Trademark, Copyright, Patent ) Family & Civil matter View Full Profile
Md. Nasim  Akhtar

Md. Nasim Akhtar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Tax
  • Civil
  • Documentation
  • Tax-GST
  • Arbitration And Mediation
Welcome to Adv NASIM AKHTAR:- where we offer professional services to sort your legal issues in a personal manner with utmost integrity and legal efficiency. We offer you the right kind of advice with all if's n buts' related to all your legal issues before different Courts and Forums. We provide hi View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Tax
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
Saket  Mohta

Saket Mohta

GST Practitioner
Exp
Kolkata , West Bengal

Specialization

  • Tax
  • Tax-GST
  • Tax-Service Tax
  • Tax-Sales Tax
I am a certified GST Practitioner u/s 48 of the CGST Act, 2017 with in-depth knowledge of GST related issues including filing of returns, gst audit and many other queries. View Full Profile
Total Answers Given : 6
Advocate Roshan  Khatri

Advocate Roshan Khatri

MD & CEO of Khatri Law House
Exp
Lucknow , Uttar Pradesh

Specialization

  • Tax
  • Family
  • Cheque Bounce
  • Civil
  • Consumer Protection
Based in Lucknow, Khatri LAW HOUSE is a team of experts that aims at giving the best to its clients. It has been in the field for 17 years and upholds ‘Professional Excellence’ as its motto. Khatri LAW HOUSE is a one of the Top law firms in Lucknow. Our Lawyers in Lucknow provide a legal servi View Full Profile
Total Answers Given : 1
DEVYANI  NATH

DEVYANI NATH

Litigation Lawyer
Exp
South West Delhi , Delhi

Specialization

  • Tax
  • Property
  • Contracts and Agreements
  • Consumer Protection
  • Advertising
Total Answers Given : 1
Ansari Solicitor Firm

Ansari Solicitor Firm

Solicitor & Advocate at Gujarat High Court
Exp
Ahmedabad , Gujarat

Specialization

  • Tax
  • Criminal
  • Cheque Bounce
  • Landlord and Tenant
  • Documentation
Understanding requirements and offering legal services within the framework of the law; founded in 2006 for local and global clientele. We conduct high-stake litigation and solicitation along while providing legal opinions and better pleadings with due diligence. View Full Profile
Total Answers Given : 1
Nagendra singh  Gautam

Nagendra singh Gautam

Advocate
Exp
Kanpur , Uttar Pradesh

Specialization

  • Tax
  • Consumer Protection
  • Criminal
  • Civil
  • Divorce
Deal all type of cases 9839484848 View Full Profile
JITENDRA  AGARWAL

JITENDRA AGARWAL

Taxation Lawyer
Exp
Rishikesh , Uttarakhand

Specialization

  • Tax
  • Tax-GST
  • Tax-Income Tax
  • Tax-Property Tax
  • Sale Of Goods
A Leading Taxation Advocate with over 35 years of experience. Primary Expertise includes Income Tax, GST, TDS return filing. Providing complete taxation solution for all your business & personal needs. View Full Profile
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  • What is Tax?
  • Which Laws govern Tax ?
  • What are the types of Taxes which a person needs to pay?
  • What is the Penalty for non-Payment of Taxes?

What is Tax?


Tax is any contribution imposed by government upon individuals, for the use and service of the state, whether under the name of toll, tribute, impost, duty, custom, excise, subsidy, aid, supply, or other name.

Taxes refer to the measure of money we pay to the Government at predefined rates and periodicity. Taxes are the fundamental source of revenue to the Government utilizing which it gives different sorts of administrations to the tax payers.

Laws which govern Tax


  • Income Tax Act,1961
  • Goods & Service Tax Act,2016
  • The Customs Act, 1962
  • Central Excise Act,1944
  • The Wealth Tax Act 1951
  • The Property Tax Act,2009

What are the types of Taxes which a person needs to pay?


There are two types of taxes, direct and indirect taxes.

India follows a 3 tier structure for the taxation system. It is inclusive of the Union Government, the State government, the local/municipal government, for the primary purposes of collection of taxes. The direct taxes refer to income tax, wealth tax, and interest tax. There are several bodies that regulate the aspect of taxation in India. For Direct Taxes, an important regulatory agency is the Central Board of Direct Taxes (CBDT).

Out of these taxes, the most prominent, is the Income Tax. It is governed by the Income Tax Act 1961. The income, which this act taxes, can originate from any source like a business, owning a house or property, increases got from ventures and compensations, and so forth. This is the act that characterizes how much the tax advantage on a settled store or a disaster protection premium will be. It is additionally the act that chooses the amount of your income which you would be able to spare through speculations and what the slab for the income tax will be.

Wealth Tax is regulated by The Wealth Tax Act 1951, and looks into taxation linked to the net wealth of a person, Hindu Undivided Family, or a company. The most straightforward calculation of wealth tax was that if the net wealth surpassed Rs. 30 lakhs, at that point 1% of the sum that surpassed Rs. 30 lakhs was payable as tax. It was annulled in the financial backing declared in 2015. It has since been supplanted with an extra charge of 12% on people that win more than Rs. 1 crore for every annum. It is additionally material to organizations that have a revenue of over Rs. 10 crores for every annum. The new rules radically expanded the sum the government would gather in taxes as restricted the sum they would gather through the wealth tax.

Interest Act which is governed by the Interest Tax Act 1974, manages the tax that was payable on interest earned in certain particular circumstances. It’s observed that the Act does not matter to interest that was earned after March 2000.

All the significant indirect taxes have been clubbed into one category under the umbrella term of Goods & Services Tax. Certain indirect taxes have not been subsumed under the Goods & Services Tax, some of them are Custom Duty, Stamp Duty, vehicle Tax, Entry Taxes and Toll, etc.

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