penal clause in rental agreement
sundar sastri jain
(Querist) 22 June 2014
This query is : Resolved
"The tenant specifically agree the applicability of this clause,After expiry of this deed but Before determination of new deed afresh,that,for whatsoever reason, if property not vacated, during the interving period,the rent of such premises would be twice and would double every six months" Respected Experts please advice on 1.IMPLICATIONS of This CLAUSE on tenant and landlord
2.ADVANTAGE TO TENANT
3.DISADVANTAGE TO LANDLORD
ajay sethi
(Expert) 23 June 2014
how are you concerned ?it appears o be an academic query
Sankaranarayanan
(Expert) 23 June 2014
What is the real query , your query seems academic
sundar sastri jain
(Querist) 23 June 2014
Its not academic query, i suffered financial loses and troubled by tenants, My CA, advised me to get this clause inserted, So wanted to know above questions. Don't mistook it, i just wanted to know VALIDITY of this clause because CA is not much concerned with drafts.PLS HELP.
ajay sethi
(Expert) 23 June 2014
DONT GO BY YOU ca ADVICE . CONTACT LOCAL LAWYER . GET YOU R AGREEMENT DRAFTED BY HIM
Dr J C Vashista
(Expert) 23 June 2014
Yes, there is a flaw.
CA's advise to insert the clause inter alia that "After expiry of this deed but Before determination of new deed afresh.." is contradictory in itself.
Engage a local lawyer and get the Lease and Licence Agreement drafted in a professional manner to protect your interest.
P. Venu
(Expert) 23 June 2014
Parties to an agreement have only rights, no powers. And the terms, if disputed, could only be enforced through a Court of Law.
sundar sastri jain
(Querist) 23 June 2014
When in parking space Parking Boy collects Additional Penal charges after Subsequent Hour, When they can have such clause Why couldn't i, insert such a clause in my rental agreement??
sundar sastri jain
(Querist) 23 June 2014
There is No Consensus between my CA and ADVOCATE??? Whom should i go with??
sundar sastri jain
(Querist) 23 June 2014
My CA opines, to enter such clause to SAVE me Financial clutches as it costs Thousands of Rupees,goung through legal battles and Long Time as My Lost my Father 2 years back due to sugar which was due to a Tension Running in courts to save our property HOW DO YOU MEASURE THIS LOSS FOR ME??
sundar sastri jain
(Querist) 23 June 2014
Whatever Rent was Received by father was spent on court cases on getting premises vacant??
Dr J C Vashista
(Expert) 24 June 2014
Mr. Sandeep Jain,
I think you are not an advocate to understand my opinion.
You have sufficiently been advised by experts FREE OF COST, now it is your turn to act, stop this thread.
sundar sastri jain
(Querist) 24 June 2014
No doubt Ms.Vashustaji i am not an expert to understand your Opinion But I am Literate to understand the bare acts,Deeds, law's of interpretation,..Coming on to your quote "Free of cost",No one works for free,i understand it well and the extent of reply is also not upto satisfactory and So,dont Solicit Clients via this .com
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
Your behavioral attitude with the experts who have given you advises free of cost is not good and appreciable. If you think your CA's advise more suitable, why do you want to raise the issue seeking clarification from the experts here? It is not the mistake of the experts who advised you properly on your query but you misunderstood the meaning by interpreting it in the way you believed it to be. If you are so prudent enough to understand the meaning of all the provisions of law by reading the bare acts alone, you should not have approached this forum at all. Experts namely Mr. Ajay Sethi, Dr. Vashista and Mr. Venu have properly addressed your query in the beginning itself, but not satisfied with it, you have been repeating your query in a different form and getting annoyed on being pointed out about it, how do you justify?
Dr J C Vashista
(Expert) 26 June 2014
Admin,
Please delete this thread and discourage such author.
Devajyoti Barman
(Expert) 26 June 2014
Now gentlemen you can understand why I refused to answer this query.
sundar sastri jain
(Querist) 01 July 2014
Why Dr.Vashista ji,you get angry,if i used any thing which you felt wrongful, i m sorry for that...This is not what i expect from such experienced lawyers., Just checkout Caclubindia such friendly reply you can surely expect.They are not like you quoting, academic query or free of cost or.....you get a proper logical reasoning ans for your query.... Thanks experts for your sweet reply,as expected.
