Advocate Sumeet Mandal

Questions Answered by Advocate Sumeet Mandal

Q: Procedure to get property back from tenant refusing to vacate it

Tenant is 50 year old. I refuse to accept rent from last 13 year. How can I clame my property back.

Advocate Sumeet Mandal answered
Have you executed any rent agreement or lease deed with him ever ? If yes that we need to see the terms and conditions mentioned therein and if you have not the you have to file a Tenant Vacation Suit in the district court of local jurisdiction of property and after the Vacation order by Senior Civil Judge you can get back your property.

Q: Procedure to follow when cheque gets bounced

Can the above Company be sued under Sec 138, as their Cheque dated 21.09.2017 has bounced for an amount of Rs 1.5 lakh, given as security for the principal amount of the FD made in 2014 for 3 years ? Interest has also not been paid. My bankers  have returned the cheque. I gather the Company has closed this a/c. I represented to the Company in writing on 01.12.2017 after visiting the Company twice,in the meanwhile, as I was not aware that the representation in writing was to be made within 30 days after the cheque was dishonored. Further,I have another cheque dated 30.10.2017 for Rs 1 lakh against another FD which I have not deposited yet,since I learnt from the Company during my two visits that their related a/c had been closed. Please give me your FREE expert legal advice,to enable me to decide further course of action.

Advocate Sumeet Mandal answered
Yes 138 case can be filed in your case, as many investors / builders are facing same circumstances due to the recession situation is real estate market and we are handling same type of cases in same circumstances.

Q: What is the difference between Squash and Quash?

What is the diffrence between Squash and Quash?? And when can squash be done?? Before chargesheet or after chargesheet?? U/S 354/354D/506/509

Advocate Sumeet Mandal answered
A- There is no "SQUASH" term in law and term is "QUASHING" is used for FIR/COMPLAINT dismissal by the superior court.Q- What is the diffrence between Squash and Quash?? And when can squash be done?? Before chargesheet or after chargesheet?? U/S 354/354D/506/509

Q: Can I be prosecuted for not having a rent agreement with my tenant?

i had not rent agreement with my client for a 1BHK Flat. what legal action can be taken against me ? some day ago, a policeman came at my door and ask me for the rent/room agreement. as i have no papers so he took me to police station. than they inform me that they have raises a case against me & i have to visit the court for hearing. on the same day, he does my jamanat. what i need to do & if there is any fine that what amount is this.

Advocate Sumeet Mandal answered
rent agreement is not compulsory but tenant verification is must and in case of non complaisance then penalty from 1000-5000 shall be deposited in court as per magistrate order you have to visit the court for hearing

Q: Security Deposit Amount Not Given by landlord

I am Ashwani patel I staying in pg since 2 month new gtb metro station .I have asked to landlord that I am leaving your pg he refused to give 2 month security deposit he told me that if you leave before 5 month we cannot give you security deposit. I wanted to know you if I will stay 2 more month and not pay rent what action he can take against me .

Advocate Sumeet Mandal answered
A - Nothing can be done in case of no rent agreement and second option is to file a recovery suit in court but it will take 1-2 years and litigation fees.Q- am Ashwani patel I staying in pg since 2 month new gtb metro station .I have asked to landlord that I am leaving your pg he refused to give 2 month security deposit he told me that if you leave before 5 month we cannot give you security deposit. I wanted to know you if I will stay 2 more month and not pay rent what action he can take against me .