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Rajiv Agarwal   02 March 2025 at 19:32

Leave and license agreement

In my leave and license agreement the licensor has mentioned that if licensee do not vacate the flat the licensor can disconnect electricity and also other basic amenities ie gas water etc. The agreement was signed 2 years back. Now instead of filling eviction suit he is threatening to cut the electricity if we do not vacate the flat. Is there any judgement wherein it is mentioned that even if mentioned in the agreement the licensor cannot disconnect essential services like electricity water and gas and has to follow due course of law to get the tenant evicted from the premises. We will pay for the judgement copy and would like to see that particular paragraph before proceeding further. Thank you.

Anonymous   02 March 2025 at 12:42

How to give full rights of property to my wife

Hello, I am the owner of flat in Pune and my father is co owner which is listed in index 2 page. I paid all the emis and all amount. Now I want to know is there any way I can transfer the full flat ownership to my wife. And change co ownership of my father.

Please suggest me optimal way around !

Anonymous   02 March 2025 at 00:14

Rental agreement

Namaste sir

I had taken a shop on rent at tirupati on execution of 11 months agreement on Rs100 stamp paper.

I'm paying rent past 6 years regularly but agreement renewal happens once in 2 or 3 year's by the owner.

3 times the rental agreement was renewed past 6 years instead regularly after 11 months renewal.

Is I'm safe as a tenant

Please clarify Sir

Anonymous   01 March 2025 at 11:26

Possession

Respected legal experts, I have two queries:

1 Can you tell me how "Possession" is defined in indian law?
2 Criminal trespass is based on which of these-
ownership or possession of property?

gk   26 February 2025 at 15:03

Selling a flat in by the joint allottee

Respected Sir/Madam,
Pranam!

My cousin sister's husband Mr.Nath (employee, private co) purchased a flat through a housing loan company for 18 years repayment term. Loan sanctioned for 44 lakhs and the balance amt will be paid by Mr. Nath.

Sale agreement by the purchaser & Builder has been made and registered the same in 2022, MR. Nath and Mrs. Nath (housewife) are joint allottees of the property as per this registered sale agreement.

With reference to the sale agreement, housing loan co loan agreement has been prepared for the above 44 lakhs and sanctioned to both allottees Mr. Nath & Mrs. Nath. In other words, Mrs. Nath is a coborrower as per this agreement.

Approximately 26 lakhs rupees granted by loan co and the same has been paid to the builder. In September 2024, unfortunately Mr. Nath is died and afterwards they have not paid any dues to the builder. Since Mrs. Nath is a housewife, Housing co is not interested to continue the loan. And Mrs. Nath also not in a position to take this big EMI burden in future. Builder will be started the formalities of handing over the possession by next week or in the month March 25.

So Mrs.Nath decided to close the housing loan by repaying the amount sanctioned with interest terms set by them. It is around 30 lakhs. Housing loan Co is informed us that they do not have any problem to close the loan since Mrs. Nath is a joint allottee and coborrower. Since the first allottee is died, they can be process the closing protocols to be closed by the joint allottee.
Once the repayment of 30 lakhs been paid to the housing loan co, they will close the loan and return back the original sale agreement of the flat (which is kept by the Housing loan co as per their protocols)

After getting the above original sale agreement, the next part is to pay the balance due to the builder which is approximately 14 lakhs. Builder is informed us, if Mrs. Nath can pay this 14 lakhs, they will give the possession to Mrs. Nath and the flat also can be registered in her name - they mean, in the name of Mrs. Nath.

We have got the legal heirship certificate of Mr. Nath in which,
1) Mrs. Nath wife 38 yrs,
2) Master Nath, son of Mr.Nath 5 yrs and
3) Mrs. Amma, mother of Mr.Nath 70 yrs
are the legal heirs.

Now the query is:

After getting the possession and registered the flat in her name - whether Mrs Nath will encounter any issues to sell the flat to anyone as per her wishes, in future? I mean, any obstacles may face on legal points of view. Especially with reference to the legal heirship certificate mentioned above.

Please advise me.
Regards
GK

Zeeshan   19 February 2025 at 19:53

Can i force a respondenent to be cross examined ?

I filled a case of declaration againt legal heirs of a dead tenant . Total 6 Respondents. They have made fake papers of my father's shop and says that they are the owners. Previously I filled eviction on bonafide requirment where they filled those fake papers.

All respondents filed WS but only one of them (R2) gave evidence and present himself for cross examination.
Other 5 Give WS and evidence affidavit but refuse to appear and get cross examined.

Please reply :--
Can I force one of the respondent (R1) to come and get cross examined ?
What are the benefits for me in above sceneraio ?

Thanks

Anonymous   18 February 2025 at 13:41

No setbacks provided

Sir, I've cmplnt to GHMC about setbacks, neighbors demlshd their existing building, now cnstrctng a bldg with 4 floors in area of 270 Sq yrd. The GHMC while asked for ownership docs from defendant, they raised complaint that we also not left any setbacks. Frnt side is Road, behind uncle's property, no problem- left side we have left a gap of 9ft and rght side 1ft since the demolished structure was alrdy built withut setbacks, our hse is 120 Sqyrd built 15 yrs ago.

Anonymous   13 February 2025 at 01:54

Premium fee for noc

Dear All - Please suggest on below query .my soceity was registered on 15th Jan and soceity handover happened on12th Oct and soceity committee was formed on same day .I purchased my flat in resell on 1st July before committee was formed and flat was transferred on my name o 1st of July And I received my index 2 with my name on 12 July.Also builder gave me NOC for loan transfer before handover . Now(2Dec) I need NOC from soceity to transfer name on tax document .but now committee is asking for 25K and saying then only they will give me NOC .. is it legal that can they ask for premium amount now where as I purchased flat before handover and committee was formed and also this 25K is not passed in any AGM/SGM meetings .
Pls suggest can committee ask the premium without passing law and without any AGM/SGM approval .

aakash singh   09 February 2025 at 20:38

I am landlord in mumbai pagdi system.

I am a landlord in mumbai pagdi system chawal..do I have any right in the redevelopment of the chawl as per any SRA scheme or any else as the SRA survey in going on in the chawl...I still collect 25 rs rent from my tenants as per pagdi system law.

bharat khatwani   09 February 2025 at 11:24

Help needed

I wish to present my case in court without the assistance of an advocate, i.e., as a party in person. My tenant has sent me a legal notice without any legal merit, seemingly with the intention of extorting money before vacating the rented property. Interestingly, all his sons, who were living nearby, have sold their properties, and as tenant is 95 years old he can not live alone in that house . Could you please guide me on whether there are any courses or resources available online to help me prepare effectively for presenting my case in court?