Advocate Gautam Gupta

Questions Answered by Advocate Gautam Gupta (25+ answers)

Q: Tenant not paying rent & evicting after completion of rent agreemnt.

Hello Respected Sir/MamI own a small shop, & have give it on rent in July 2019 and have done a registered court agreement with a tenant for 11 months (15-07-2019 to 14-06-2020). The tenant refused to pay me the rent of Month of April, May and June stating corona pandemic. Moreover, now the rent agreement has expired as date was 14-06-2020, but he is refusing to vacate also. Please tell me what should I do, so that I can get my shop evicted from him at the earliest.During these past 2 months, I called him and requested him to pay me the rent, but he said he will pay after lockdown, but even after lockdown, he has not paid it till date, but he does not wish to pay me rent and has malafide intentions on my shop.

Advocate Gautam Gupta answered
HiYou have to send your tenant a notice for eviction from the shop and give him 15 days time to evict. If he still stays then you have to file a case for eviction in the court. Court will grant eviction from the shop. Apart from that court may also direct the tenant to pay rent till matter is decided by the court.

Q: How to evict tenant if he refuse to give rent

I have tenant in 2bhk flat in delhi. We have 11 months agreement. He is not giving rent since 3 month . Now he is rufusing to pay and said I will not evict from your house. What action should I take .

Advocate Gautam Gupta answered
A legal notice for eviction in the ground that rent has not been paid. Thereafter, file a suit for eviction against tenant in the court if the tenant is still not vacating the premises. Court may pass order for eviction or payment of rent until suit is pending in court.

Q: Can a daughter raise succession as her Father had passed away

I am daughter of deceased father is married and my brother lived with my father. I do not know if my father registered a will. My question is: (1) is non registered will without any registeration and simply signed at home carry any significance (2) How do I know will is registered for house or not

Advocate Gautam Gupta answered
In Delhi, will need not be registered but should have 2 witnesses. Secondly, one can not verify about will unless he/she has registration number and year of the document registered with sub registrar.

Q: Father was made to register will in court giving everything to son

Father is alive but not in good condition, he has made will giving everything to son and a very small portion to daughter, both son and daughter are married. Can daughter fight for her right in property which son has got in fathers will

Advocate Gautam Gupta answered
First of all we have to make sure that will executed is registered or not. Who all are the witness of the will. Is the will signed under any coercion. If will is not properly executed and registered then you can fight is court. If it is pertaining to Hindu law and will is properly registered and executed then chances are you will loose the case.If it is Muslim law then you can fight the case since will can not be made for entire property as per Muslim law.You need to get the will checked from me or any other lawyer. As per the documents, then it can be advised whether you can go to the court or not.However, it is always your right to approach the court no matter what the situation is, whether the situation is in your favour or not.

Q: Fraud | PMS (Portfolio Management services) , Share trading

Hello Team,I was approached by one of the PMS (Portfolio Management Services) company for managing my Demat account, making sure to keep the capital protected with fixed returns on a monthly basis.But this company duped my entire money, I have entire email communication which is recorded from their official email addressCan I get justice in order to get my money back

Advocate Gautam Gupta answered
Sir you are covered with the agreement executed between you and PMS . You have not specified how the company has duped your money? You can recover money if there is something fraudulent or breach of contract by PMS company.