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hOW TO TAKE BACK SOCIETY OFFICE FROM BUILDER USING FOR PERSONAL USE ?

Querist : Anonymous (Querist) 13 October 2010 This query is : Resolved 
Our is 4O year old well maintained commercial bldg and regd society , our builder has taken society
Office premises for his own use and he also has a extra business office in the same bldg , which he
wants to sell, but he does not want to give back society office , what legal steps should we take in
transfer of his official office ?
adv. rajeev ( rajoo ) (Expert) 13 October 2010
Issue legal notice to him to vacate the office under transfer of property act u/s 106
pawan sharma (Expert) 13 October 2010
if as a tenant i agree with Rajoo,
then flie the civil suit.
pawan sharma (Expert) 13 October 2010
if as a tenant i agree with Rajoo,
then flie the civil suit.
s.subramanian (Expert) 13 October 2010
I agree.
aman kumar (Expert) 19 October 2010
Terms of Leases....
Section 106 states that unless there is a written agreement or other law to the contrary, a lease is a year long and expires at the end of every year for agricultural or manufacturing properties and is a month long on any other real property.
Written Notices Are Required
The section does not apply if a written notice has not been given by one of the parties six months before the end of the assumed lease in situations with agricultural or 15 days before the end of the assumed lease in all other cases involving real property.
Local Laws Overriding Section 106
Several Indian states now require tenancy agreements to be registered, such as in Maharashtra (Section 55 of the Mahastrashtra Rent Control Act of 1999) and Karnataka (Section 4 of the Karnataka Rent Act of 1999), making Section 106 moot in those and other jurisdictions.
aman kumar (Expert) 19 October 2010
how can you prove that office is on lease . so first you search real legal position of space than we suggest you.
Devajyoti Barman (Expert) 24 October 2010
Yes


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