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Raj (business)     30 August 2009

Bonofide requirement

Sirs, for an old lady to prove her bonofide requirement in a court what is that she has to provide evidence? What is that expected out of her in fornt of the judge to provde her requirement. Any suggestions? Can anyone else stand along with her for cross examination being an old lady? kindly suggest the best way since an old lady requires the house for her bonofide use.



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 3 Replies

Adv. Deepak (Advocate)     30 August 2009

Mr. Raj, Being an old lady, you can request the court for a chair and court will provide one for her to sit and answer.  To prove her bonafide requirement, she has to establish either that she has no nearest relatives, or nearest relatives are not maintaining her and she is living at the mercy of others.  ddkharpudikar@indiatimes.com

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Kiran Kumar (Lawyer)     30 August 2009

Mr. Raj the basic requirement is there must be a need not merely a desire.

 

for every state the interpretation of rent law is different reason being the rent laws differ from state to state.

 

even while filing petition various necessary ingredients are required to be mentioned carefully.

 

ur mother must be in position to prove her need...i.e. why she requires the premises?...how may properties she is having? etc......all such issues can be better explained by a local lawyer.

 

some one can appear as Attorney on behalf of ur mother, but when it comes to the answering of questions which are strictly out of personal knowledge of ur mother then she is supposed to be there in the court.

 

better would be u meet some local lawyer, i think u ve posted various queries here in this context.....we dont mind answering to them......but a personal consultation gives u a better idea of what the actual position of law is.

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(Guest)

hi. actually you have not  mentioned the place where u have filed the suit since different STATES have different laws relating to RENT CONTROL AND grounds of eviction have been provided therein.Now the old lady can be represented through her counsel and there is the provision for issue of commission to be issued by the court in order to take evidence at the cost of party applying for it. as to your queston of proving BONAFIDE REQUIREMENT the concerned law has to be seen.

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