Advocate Devendra Singh

Questions Answered by Advocate Devendra Singh

Q: Service agreement between agent and owner

Whether a notarized service agreement between a Housing agent and the flat owner is valid in the court of law ? OR Need it be compulsory to register the service agreement to be valid in Court of law ?

Advocate Devendra Singh answered
service agreement is not required to be registered. upon receipt of the money for the services done or services obtained , you shall be liable for tax liability. registration is not must as the same is outside the scope of section 16 and 17 of the Rgistration Act

Q: Right of husband if he buys property in the name of wife

Hindu Husband bought a 1bhk in Pune which is registered on Hindu wife's single name. It's put up on rent. Rent agreement done between wife and tenant. Rent comes every month in wife's personal account. This the 3rd year that the tenant will be staying in the same flat. 1st year agreement was done and after that agreement was not renewed but the same tenant continues to stay and pays rent every month as before. Now there is a serioudispute between husband and wife. Husband tells tenant to transfer rent to his personal account and not to wife's account since the money paid for the purchase of the flat was his. Wife says the property is on her name so the rent should come to her account. Is it that if husband buys any property on wife's name... He can instruct tenant to deposit rent to his account? It's not a joint property. Can the husband tell tenant to vacate? Can the husband create a dispute in the property based on the argument that the money for buying was paid by him?

Advocate Devendra Singh answered
since the name of the wife was included out natural love and affection, you shall be termed as the owner of the property, but since your wife is denying you the status of grant of ownership, you will have to file a suit seeking declaration from the court, that it be declared that you shall be termed as the owner. pending the same seek injunction restraining your wife from creating third party right in the flat premises.