Aaditey Valecha
Questions Asked
Leave & License
Can a flat ownership be safely given via leave and license? What are the problems that can be suffered if this goes wrong?
Can a flat ownership be safely given via leave and license? What are the problems that can be suffered if this goes wrong?
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Leave and License is the safest way to let out a residential flat. Mostly all states have a competent authority to go to for violation of the terms of the leave and license and/or for eviction. So u dont have to go to Court. If Leave and License if for a period over 5 yeaars, then its treated as a Lease and thus requiring to go through a civil court to redress griviances, which is time consuming.
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Normally Owner or the lessor as the case may be would not permit sub letting the premises.
Leave & License
Till the time the mortgagee has possession of the property, what are his liabilities?
Till the time the mortgagee has possession of the property, what are his liabilities?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Question is vague. Mortgagee would have possession only of Mortgagor has not cleared dues/loan. WOuld all depend on terms of the Mortgage.
Leave & License
Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
Does the tenant have to pay the rent till the end of the term even if he/she has vacated the house prior to the end of the term?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One has to look at the terms of the rental/lease agreement. Standard practise is to give 1/3 months notice period before vacating. If there is no such provision in the agreement then one can stop paying rent after vacating the house.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, it freezes the rent to a large extent and does not permit Landlord to increase rent arbitrarily. Plus it also provides protection against unjust eviction.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
For non payment of lease rent and for violation of the terms of the lease.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Lease agreement can be terminated only if lessee has violated terms and condition of the agreement. Lease can be terminated by giving a notice in writing to that effect.
Leave & License
If a lease is over and the landlord accepts another rent payment from the leasee, does it amount to the lease being renewed automatically?
If a lease is over and the landlord accepts another rent payment from the leasee, does it amount to the lease being renewed automatically?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, mere payment of rent will not tentamount to renewal, for the renewal of the lease agreement one has to registered the lease agreement with the office of the sub registrar
Leave & License
If a suit has been filed to evict the lessee, can the leasee then prevent the termination of the lease?
If a suit has been filed to evict the lessee, can the leasee then prevent the termination of the lease?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Suit for eviciton can be filed only if Lease is terminated. The outcome of the Suit will be dependent on whether the Lease has been validly terminated and for just reasons.
Leave & License
Besides using a real estate broker, how else can one find a flat for rent in Mumbai?
Besides using a real estate broker, how else can one find a flat for rent in Mumbai?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
One can place an ad in the newspaper or refer to various online portals available to find properties available on rent.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Insert appropriate caluses in the Lease Deed to that effect.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Lease is governed under the provisions of the Transfer of Property Act. Tenancy if governed under the relevant State Rent Statutes.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It will depend on the terms of the Business Conducting Agreement. If possession is granted to the party, then eviction of the party will be only through a Suit in a civil Court. Leave and License is better.
Leave & License
Under what situation does a 'tenancy at will' arise. Once it arises, when does it end?
Under what situation does a 'tenancy at will' arise. Once it arises, when does it end?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Tenancy at Will is a vague concept. It will depend on facts of each case. Tenancy usually entials payment of rent to the Landlord.
Leave & License
Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
Can the owner ask the tenants to vacate if they haven't paid the rent or have made any unauthorized changes in the flat? How can this be done?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Yes, by serving legal notice of eviction to the tenant.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, tenancy can't be alienated. it goes back to the owner after death of a tenant if no one is staying with the tenant. Owner can transfer the tenancy in the name of a spouse or a son living with the demised person.
ayan gupta
1 Answered
Answered on April 04, 2019
I am a tenant of debutter property whole house, I would like to know what I can do for work purpose?
I would like to open montessori school or something like that, so am I eligible to do that as a tenant of Debutter property? Or need permission of my landlord?
Leave & License
In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
In a standard lease agreement, what are the rights and duties of the lessor and the lessee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Detailed information for the same can be found here. http://www.incometaxindia.gov.in/Acts/Transfer%20of%20Property%20Act,%201882/102120000000008804.htm
Leave & License
I own a few commercial and residential properties. Some of these properties are occupied by people who aren't paying any rent or vacating the property. What can I do in this situation?
I own a few commercial and residential properties. Some of these properties are occupied by people who aren't paying any rent or vacating the property. What can I do in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Are these people occupying properties on rental through Pagdi, by way of Lease agreements or forcefully? In case of pagdi system, it will be difficult process as they will be protected under rent control act. In case of forceful occupation or lease agreements one can take help of a lawyer and file a suit for eviction.
Leave & License
On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
On the expiration of the lease, does the lessor have the righs to forcibly evict the lessee?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the law does not permit forcible eviction. Eviction can be done only by following due process of law.
Leave & License
My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
My mother in law who is 70 years old owns a property which is rented by someone since the last 40 years. He pays only Rs. 2,000 as rent, and for the past two years he has not even paid that. She has two daughters, and the property is bequeathed to them in her registered will. Now, the tenant is threatening to usurp the house. What can we do to evict this tenant?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If the mother is not alive, then the Daughters can take legal action by filing a suit for the eviction in court. Else, the daughters can take a Power of Attorney from the Mother and file a suit for eviction.
Leave & License
I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
I want to understand the complete process of renting out an office that I own in Goregaon in Mumbai. Are there any online or offline resources available to where I can understand everything to do with this?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Ideal way is to either give an advertisement in local news paper or inform brokers dealing in rentals about the availibility of an office premises on rental.
Leave & License
My father owns a property in Mumbai which he has given on rent to a person for the past 22 years. I wanted to know if there is a time limit before the tenant can claim legal possession of the property?
My father owns a property in Mumbai which he has given on rent to a person for the past 22 years. I wanted to know if there is a time limit before the tenant can claim legal possession of the property?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
If a person staying on rental (pagdi)/MOnthly tenancy basis then he is protected under rent control act. However, Property let out on leave and license basis prior to February 1973 to a Licensee, are since February 1973 treated a Deemed Tenant instead of Licensee, by virtue of an amendment to the Rent Act.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Any property which is leasedwould be governed by the Transfer of Property Act and property let on monthly tenancy basis would be governed by Rent Control Act.
Leave & License
I am a landlord and I want my tenants to vacate the flat before the end of the lease period. Can I do that?
I am a landlord and I want my tenants to vacate the flat before the end of the lease period. Can I do that?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Refer to : (1) clause of 'lock in period'in your agreement, if it permits, you may send due notice to your tenant for vacating the premises. (2) If the tenant is not maintaining your premises as required by him/her, you may send him/her notice to vacate the premises.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
An instrument creating a lease of immovable property for a term of one year and above is required compulsorily to be registered by virtue of provisions of Section 17 (d) of the Indian Registration Act. Therefore, Leave & License Agreements were being executed for a period of 11 months with the intention to avoid the stamping and registration of such agreements and treating such agreements as a ...
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Leave & License
Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
Does it make economic sense to buy and lease out a property, while yourself staying on rent in Mumbai?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It is a very subjective question that can be answered on a case to case basis. Are you looking to buy and lease a flat in a distant suburb of mumbai just as an investment, but prefer that you are close to work and want to rent another property there ? Or are you planning to ensure that rental income of one place is used to offset the other. There are too many reasons why this may or not may not...
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Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
There is no law, it is generally decided mutually.
Leave & License
I am looking forward to take an apartment in Mumbai on a leave and license basis. Are there any precautions I need to take? Also, is it completely safe?
I am looking forward to take an apartment in Mumbai on a leave and license basis. Are there any precautions I need to take? Also, is it completely safe?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
It is safe if following steps are adhered to: 1. Check the background of the proposed tenant; 2) Prepare an Agreement with clauses for: (a) Licence fees, (b) Deposits, (c) Recurring charges like electricity, phone bills etc. to be borne by?, (d)Terms: like rental payments due dates, renewal of term etc., (e) Lock in period, (f) Termination, (g) liquidated damages, (h) To establish complete righ...
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Regulations
#certificate#builder
How do I verify if the current structure of a building is as per the mentioned structure in the plan. As the plan allowed only one unit per floor, but the completion certificate was granted even when there were two units. I want to buy a builder floor in this building, what can I do?
How do I verify if the current structure of a building is as per the mentioned structure in the plan. As the plan allowed only one unit per floor, but the completion certificate was granted even when there were two units. I want to buy a builder floor in this building, what can I do?
Answered on November 08, 2017
It is Unlikely that the Approval is for 1 unit and Completion given for 2 units without proper sanction. The Last approved/ Comletion Plans will be considered in this case and any Deviation on site will have to be regularised before buying.
Answered on November 08, 2017
A PMC refers to a Project Management Consultant and is generally associated with architects, engineers and quantity surveyors. Project management involves integrating the entire project team including the developer and the society, and creating synergies that lead to achievement of the project objectives which revolves around four elements: performance, cost, time and scope.
Keep in mind the fo...
Society Matters
#reside#society#mumbai#liable
I reside on a ground floor in a Coperative Housing Society in Mumbai. Am i liable to pay lift expenses?
I reside on a ground floor in a Coperative Housing Society in Mumbai. Am i liable to pay lift expenses?
Answered on November 08, 2017
Yes, all common expenses have to be borne proportionately between all the members of the society
Legal
#land#rent#options
We own 2 acres of land. For the past 10 years, we had given the land to some people to farm on and pay us rent. Now, we would like the land back, but these people won't return the land. We are the legal options we have to get our land back?
We own 2 acres of land. For the past 10 years, we had given the land to some people to farm on and pay us rent. Now, we would like the land back, but these people won't return the land. We are the legal options we have to get our land back?
This question has not been answered
Legal
#inherited#property
I have recently found out that my father has many properties that have been inherited from my grandfather, my father was a little kid when his parents passed away. My dad's cousins have been living in these properties for the past few years. They also have the papers to the property. But now we wish to claim the property, what can be done in this situation?
I have recently found out that my father has many properties that have been inherited from my grandfather, my father was a little kid when his parents passed away. My dad's cousins have been living in these properties for the past few years. They also have the papers to the property. But now we wish to claim the property, what can be done in this situation?
This question has not been answered
Legal
#pune#ownership#property
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
My husband and his brother bought a house in Pune. MY husband, his brother and I live there. My husband and I are planning to move out of India for a period of 5-10 years. My husband and his brother pay 50% each of the emi and will continue to do so even after we move out. will there be any legal issue regarding the ownership about this property in the future?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
No, the status of the property does not change merely because you plan to go abroad for few years.
Legal
#property
We are having major family issues related to our property share. We are a family of 5 brother and 2 sisters. I am the eldest brother. My younger brother is in the village and is refusing to give any of us our share. While he has already sold his share without our consent. Even my sister's lawyer husband is unable to do anything about this issue. I am also frustrated as I am not getting importance even after being the eldest in the family. Please guide me on what can be done.
We are having major family issues related to our property share. We are a family of 5 brother and 2 sisters. I am the eldest brother. My younger brother is in the village and is refusing to give any of us our share. While he has already sold his share without our consent. Even my sister's lawyer husband is unable to do anything about this issue. I am also frustrated as I am not getting importance even after being the eldest in the family. Please guide me on what can be done.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
You can file a suit for partition in a court of competent civil jurisdiction and seek your share in the family property.
Legal
#transfer#property#land#set
I want to know how my father can transfer a property in his name from his uncle's name? The scenario is that my father got a land of property from his great grandfather and my uncles were set as caretakers as my father was not an adult then. Now, both my uncles have passed away. Please suggest.
I want to know how my father can transfer a property in his name from his uncle's name? The scenario is that my father got a land of property from his great grandfather and my uncles were set as caretakers as my father was not an adult then. Now, both my uncles have passed away. Please suggest.
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Since your uncle is no longer alive, the legal heirs of your uncle will have to execute a tranfer deed / conveyance of the property in favour of your father and such document will have to be registered with the Sub-Registrar of Assurances.
Legal
#land#mumbai#sell#property#builder
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
I own a piece of land in Mumbai jointly with my three brothers. My father insists that none of us can individually sell our share of the property. Therefore, we have jointly approached a builder to build a residential property on that land. We would like 4 2BHK flats, but the builder has given us an option to take a lump sum of 3 crores. If we accept his offer, what would be the taxes due? Is there any other method we can follow to maximize our profit in this situation?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Capital gains will be applicable on the transaction and the same could be Short Term Gains or Long Term Gains depending on how long you have held the property. You could utilise the sale proceeds received from the Builder to acquire another residential property within a period of 1 year from the date of the sale to minimise and/or avoid capital gains payment.
Legal
#inheritance#property#flat
I am going to inherit a property, could anyone help me with the inheritance laws for an apartment or flat?
I am going to inherit a property, could anyone help me with the inheritance laws for an apartment or flat?
Dhiren Shah,Advocate & Solicitor
291 Answered
Answered on November 08, 2017
Inheritance laws varies depending on the religion you follow. For Hindus, all heirs claim equally. The law is same for all moveable and immoveable properties and there is no distincition in the law for inheritance of an aprtment or a flat.
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