Advocate Arya Ambre

Questions Answered by Advocate Arya Ambre

Q: What are the rights of landlord if tenant refusing to vacant the place

We have logged a complaint around 25 years ago to vacant our premises of Residential area which is the second floor of our house. The tenant refusing to vacant the place. HINDU - owner JAIN - Tenant

Advocate Arya Ambre answered
Dear Sir, MamFirst upon where you have lodged the complaint (if you have took follow up of your complaint, then what answer you have received )and why you are waiting till 25 years. also specify on which ground they (tenant) refuse to vacant your residential area.and Sir, if you having lease or rented agreement which is properly signed by both the parties, then you can send them a legal notice and then after file eviction suit against them. After filing the suit you may take direction from the court tell them to deposit rent of those months in the court till the time pending the eviction suit.

Q: Forced to sign stamp papers of selling flat how to get it back

Mumbai In check bounce case my father is accused and in that my father give his flat to the party who initiated the check bounce case ,and we get forsed by those peoples to sign on agreement but they exchange paper and got signed on paper that mentioned they take flat on sell. But that is not true and we want our flat back

Advocate Arya Ambre answered
Sir /Ma'am,have u filed any criminal complaint against them. also send one legal notice to them .sir without wasting time you have to take legal action against them otherwise you will loss your flat.also what kind of agreement you have signed ? whether you have kept one signed copy (Agreement) with you & when you came to know that they exchange paper and got signed on another papers.

Q: Can father sell his property without consent of his daughter

Can father sell his property without consent of his daughter

Advocate Arya Ambre answered
Dear,Sir/Ma’mIf property is self acquired by father then only father can sell his property without consent of his daughter, but if it is ancestral property then father has no right to sell this property without consent of other share holder.

Q: How to speed up court proceedings in a motor car accident case

FIR was registered against me in a motor vehicle accident occurred in August 2012 for negligent driving. The victim was admitted in the hospital and discharged after 2 days safely.I was produced in the court and was let on bail. The case came up for hearing in 2015. The case is prolonged without any arguments. I keep attending the court on dates. The police is also not producing any witness to prosecute me. I am now 60 years old and the judgement is yet to be delivered. Please clarify whether there is any provision to submit an application to speed up process. Thanks.

Advocate Arya Ambre answered
Dear ,Sir,As you have stated in your query, the victim was admitted in the hospital who has discharged after 2 days safely and you are also attending the courts on each dates and then also your matter is prolonged so sir Plz first find out why your matter is delayed ? your matter is on which stage? Also with the help of your advocate you can move application for expedite proceeding before the court, as you are about 60 years old (senior citizens) and the matter is pending since last 5 years. Thanks

Q: Redevelopment of building being delayed what can be done

Our Building has been under redevelopment process for over 9 years. Our Landlord promised us to redevelop the building into a tower while vacanting the building. But now after 9 years he is unable to do so and wants more 10 to 20 years for reconstruction. Now we tenants do not have enough money to redevelop on our own. Is there any solution for the above problem.

Advocate Arya Ambre answered
Dear Sir/Ma’amFirst do meeting with all your society member and with developer, ask to developer or find out the reason for delayed of your redevelopment project, and then you can move appropriate authority. Before that also study and understand terms and conditions of your re-development agreement and Agreement of Permanent Alternate Accommodation and as you have already stated in your query, “Building has been under redevelopment process for over 9 years”, so plz move before consumer court, where you get relief.Because, In case of delays by the developer, then builder will be liable to pay compensation to the allotters but such redevelopment projects are often delayed due to dispute between builder and society member etc. and builder always try to term these as force majeure clause.(Plz see your re-development agreement). Or also forward a letter to builder/developer, ask them in writing the reasons behind the delays’ of your redevelopment project and then after take necessary steps or you can move before the consumer court, Thanks