Advocate Ankit Bhasin

Questions Answered by Advocate Ankit Bhasin

Q: Leasing a property for 9 plus 3 Years

Hi, I had a Roofed property of 4000 sqft at a rural belt  (Not under Municipality/ NAC ). One of Shopping Mall company is asking a single lease of my 4000 sqft roofed property for 9+3 Years. Should I lease them directly for 9+3 Years in a single Lease agreement? And how can I protect my rights? Please let me know the dos & don't while finalizing the lease agreement. So that I can protect my self in the future without any rights issue in the said property.

Advocate Ankit Bhasin answered
While leasing out properties for longer duration, some of the key points to be kept in mind are: (i) Lessor should have the right to, inter alia, terminate the lease by written notice; (ii) A sizable deposit should be taken from the Lessee which can be appropriated if the Lessee does not pay rent in time / delays in vacating the property; (iii) the lease agreement should be registered with the relevant sub-registrar; and(iv) the Lessee should be required to vacate the property in a time bound manner after expiration / termination of the lease, failing which he would be liable to pay penalty. It is advisable that you get your lease agreement thoroughly vetted by a lawyer before executing the same.

Q: Compliance to follow after a breach of contract

we have signed contract with one datacenter for services, but in testing phase we found that bandwidth given to us for email services is very less, now to increase the bandwidth Data Center is asking for money. Since already we are paying them amount which is more then our other datacenter vendors. So we want to exit the contract. Now can somebody help me what are the compliances that my firm owes as per contract one month notice is needed, but we are start ups we cannt pay for one month without fulfilling of requirement. So we are feeling that we are forged by Datacenter, since we clearly mentioned our requirement then why they had offered us bandwidth of 3Mbps, when they have experience, they know that this bandwidth will not be useful to us. When now we want to exit the contract they say that they will take legal action etc. But I exited, we have no pending liabilities and dues, we have paid all our dues for services used. But they want us to pay for one month as we are exiting.

Advocate Ankit Bhasin answered
The terms of the contract will need to be seen in order to give holistic advice on this issue. If, as per the contract, a higher bandwidth was required to be given and a lower one has instead been provided by the datacenter vendor, you can argue that the vendor had committed a breach and therefore you terminated the agreement.

Q: What to do if registered gift deed is challenged in court

my grand father gifted part of his property to me by registered gift deed. two years ago, which i done mutation in mcd office also. my grand father has 3 sons, 2 daughter. in his old age i m looking after him of all his needs. so he gifted me some part of property, rest of property has a registered will also, in will same part of property is on my name also, but to make more lawful, my grand father gifted to me that part. As he is still alive, he wants to know, can any of his sons & daughter can challenge that gift deed. He doesnt want anyone challenging my right on the property, after his death. Is there any more document which can be saved? This property is freehold, self earned property of my grand father...as mentioned by many lawyers that registered gift deed can be challenged, then what is the best way to safeguard my interests?

Advocate Ankit Bhasin answered
If the property is the self earned property of your grand-father, he can very well will it as per his wishes. You can consider getting a settlement agreement signed between all your grand-father's heirs (including you), which records the terms of the will in the form of an agreement. If everyone signs and agrees to the desires of your grandfather in the agreement, it will be difficult for anyone of them to challenge them later.

Q: Procedure to change in name in documents

I have passed class 10th in 2013 and 12th class in 2015 and i want to change my name in cbse documents. Is there any procedure that i can change my name in required documents.please gelp me as soon as possible.

Advocate Ankit Bhasin answered
Please see para 69.1 from the following link from the CBSE website regarding the process for changing of name: http://www.cbse.nic.in/examin~1/certification1.htmYou may also consider contacting the CBSE to clarify.

Q: Will USA formed LLC is valid in India and the protection of LLC

I am a USA citizen with an LLC registered in the USA. I am signing a licensing agreement for a patent the LLC owns with a company in India. Will India law honor my USA-formed LLC and the protections my LLC provides me against personal liability? I understand that the LLC as an entity will be liable but I want to be sure that the individual members will not be liable, just as they are not liable in USA.

Advocate Ankit Bhasin answered
Yes, the Indian legal system will recognize your USA LLC. While in civil cases, you will be protected against personal liability, however, if any criminal complaint is filed against the USA LLC in India, the Courts may lift the corporate veil and hold the whole time directors liable. Assuming the USA LLC does not have any presence in India, there are very few criminal offences which can be filed against it, e.g. financial crimes such as cheating, fraud etc.