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tusharcosmic   17 July 2009 at 02:25

Can widow recover their property from teanant using 14D DRC?

Can a widow owner get back her premises from tenant using 14d of Delhi rent control act-read full before answer?
Please explain practical use of Section 14-d, which was inserted in 1988 in Delhi rent control act, according to which if a widow has given a property on rent and if she demands, she can get an immediate recovery of her property. Is it true?When I discussed with 4-5 different advocates, none was aware of this provision. Why is it so that most of the advocates don’t even know about this provision, is it not in practice and if yes why? What is the meaning of word “Immediate Recovery of possession”, how much “immediate” it is? Practically how much time is taken by courts to resole such cases i.e. cases filed by widows under section 14-d of DRC? Can I get some record of Court decisions and other proceedings of such cases during last one year? What if the complainant, i.e. widow dies during court cases? Would her children or legal heir be given the same value by the court or the whole scenario of the case will be changed and the case will go on dragging for decades?
Actually my mom is that widow and I am her only child? I am living separately and she had a single property of two rooms in her name of which half portion she gave on rent to a single man, now he is not even paying the rent, and harassing my mom in different ways?
We never entered any written agreement with that tenant and we have never given him any receipt of rent also. Neither we nor he has any written proof of tenancy or rent mutually settled. Actually the rent of that property is below Rs. 3500/--per month.

We are thinking of filing a suit against him under 14-D of DRC, we even fear that my mother may be killed by that tenant because she is living alone there in that house.

Is there any provision of filing some summary suit in such cases through which we may repossess our property quickly? Please suggest the best, quickest & easiest legal way get our property’s possession back. Plz. help, we are in great trouble.
5 hours ago - 4 days left to answer.

tusharcosmic   17 July 2009 at 02:19

In Delhi,how to do the business of money lending legally ?

I want to know that if I need to have some Money lender License if I want to do this business legally. And some one told me that there is some ceiling upon interest charged /what is that cieling ? What is the truth? How to start this business in a leglize way ? How to get that License and what should be the maximum legal rate of interest? Please answer. Thank you all in advance.

tusharcosmic   17 July 2009 at 02:15

How to claim recovery on a cheque that bounced 6 years back?

How to file a case of recovery in Delhi after 6 years of bouncing a cheque ? Plz. read details to answer.?
I got a cheque of Rs, 275000/- in 2003 from a borrower friend of mine. This cheque bounced back with a bank memo that funds were insufficient. A legal notice was served to the accused. Mean while my house was white washed and I lost that cheque and bank memo. My father died during those days, I made a big business mistakes and I was financially under heavy pressure .I was under heavy mental depression also so I did nothing against that borrower of mine and no case was registered in court of law.

But now a days everything is settled and I have found out that cheque and that bank memo somewhere in my home.
I came to know that even a recovery suit of order 37 can not be filed after three years of issuing date of a cheque.
Is there a way out to present that cheque in the court to file a suit and recover that money?
Plz. Help thanks in advance.

tusharcosmic   17 July 2009 at 02:12

Has the landlords lost their properties to the teanats ?

Is it true that many Indian Landlords have almost lost their properties to tenants due to rent control acts ?
I have posted an video regarding that on youtube---Legal Injustice done by Indian Government-- under my youtube name tusharcosmic.

What are your views?

tusharcosmic   17 July 2009 at 01:42

Can I recover loan by blank checks signed in 02 by borrower?

Can someone file a Court case by filling up the blank cheques and pronotes which were signed in 2002 ?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronote etc. are duly signed and thumb impressed by his wife also as a witness.

Now he has stopped paying me anything since last 4 months.

When I demanded my money back, he said that he won’t and I can’t do anything against him legally as it is illegal to get blank or semi blank documents or cheques signed from any one, so I will have to fill up the dates and other particulars in cheques and pronotes and if I will fill the particulars today, it could be very easily detected by forensic science that cheques and pronotes were signed years before filling up the other particulars i.e. date of issuing the cheque and the amount of the cheque. So the court will immediately decline my case.
But one advocate suggested to me that this plea taken by him will not be accepted by court because even if he has signed the blank documents that means he accepted that whatsoever amount or date will be filled up in these documents and cheques will be acceptable to him. In other words even if it is proved by forensic report that cheques and pronotes were filled up years after signing these documents, I will not be at any loss in the eyes of Law.
Who is right –my defaulter borrower or that Advocate whom I consulted?
Please help. It is urgent for me.

tusharcosmic   17 July 2009 at 01:32

Tackle my Difficulty in recovery even after getting cheques?

Can't I recover money even if I have cheques/pronotes of my borrowers-please read full story answer then only?
I used to lend money to a friend of mine on 2% of monthly interest. He issued me two blank cheques and a blank pronote, receipt etc in 2002.Since 2002 he is dealing with me, he used to repay and re-borrow. All the pronotes are duly signed and thumb impressed by his wife also as a witness.

Now he has stopped paying me anything since last 4 months.

When I demanded my money back, he said that he won’t and I can’t do anything against him legally as he has reported 4 months back the local police station that he and his wife were sitting with Mr.“X” in a car and signed two cheques and pronotes etc. for Mr. X because he was about to borrow some money from X .At once some armed persons attacked them along with some cash and gold, they looted the cheques and pronotes etc also. And he said that he has given the same report to the bank also whose cheques these were.

And now if I will use these cheques and pronotes I will be at loss. I will be considered a criminal who some how was involved in that loot and now trying to further cheat him by using those cheques and pronotes etc.

Where do I stand legally? I s there any way out for me recover my money? Plz. help. Thanx in advance.

kk   16 July 2009 at 23:32

royalty payment

we are payor for services received from USA company and we are paying royalty so at time of paying royalty do we need to reduce service tax from royalty ???(I donot mean TDS)
so is ther any DTAA agreement with USA for dedudtion of service tax on royalty paid??
please give me link of DTAA ..........

vinod bansal   16 July 2009 at 21:56

custody order in domestic violence case

Respected Members
A lady (widow)filed an application under domestic violence act in which her jeth father in law and devar is respondents,she is only claiming custody of her four year son who was given in adoption by her vide adoption deed in presence of witnesses to her jeth(Respondent)and jethani(not Respondent)adoption deed is not under challenge in any court,can court passed an order for handing over the custody of the child to the applicant(complainant)when only adoptive father is respondent but her wife is not respondent than how custody order can passed against wife i.e. adoptive mother because being mother she also have right on her adopted child & without adding her as respondent in domestic violence case how order can be passed against her without her consent.plz help

srinivasan   16 July 2009 at 20:05

Partition of jointfamily business and property

In a hindu jointfamily the father dies interstate, thear are two sons,three daughter and widow mother.How is the share divided among the sons/daughters and the widow mother.Under hindu suesission act 2005.Sir please guid me in sharing the property.

P.S.Subbaraman   16 July 2009 at 20:01

Service Tax

If a Father and son are practising as Advocates .Are they liable to pay Service Tax and whether they come under the definition of "Association of Persons".
Whether the applicability of Service tax on legal firms has been duly notified or not ?