Advocate Himanshi Jain

Questions Answered by Advocate Himanshi Jain

Q: Tenant Not Vacating My Property

I want to know how can I remove my old age tenant who is not paying any rent since came from past 1 year and creating daily troubles with us and neighborhood and passerby. Incidents like throwing stones on neighbors, spitting, throwing bidi buds or any kind of garbage on neighbors & passerby. Did 3 times police complain but not even a single time any action is been taken nor authorities tried contacting there children's as they are not ready to take him because of his behaviour of stealing etc.

Advocate Himanshi Jain answered
you can file a written complaint against your tenant. moreover, a civil suit for eviction and recovery of mesne profits can be filed against your tenant.to initiate any proceedings against him, you have to first send a legal notice through a counsel.for further inquiries and legal help please contact me on this no.

Q: Refund of Security Deposit of PG

Hi, I am living in a PG in Delhi (albeit illegal) they before the agreement is over are increasing the rent and are also misbehaving. I have already searched for new dwelling and now want to shift asap. However they without my consent said that they will adjust the security deposit as this month rent which I don't want. I want to shift asap in my new flat. So, will they refund the deposit and if not what other options I have?

Advocate Himanshi Jain answered
you can file a police complaint against them for misappropriation of money and can also file a civil suit against them. if your rent agreement has specifically mentioned the amount of rent and the duration then he cannot increase the rent in the middle of the term. ( however, I have to first go through the terms and conditions of the rent agreement to make a clear statement).

Q: I need help in recovery of amount of Fixed Deposits as legal heir

My father collected the hard earned salaries of my mother and converted them to Fixed Deposits in his own name. He put his brother as nominee. How can I claim it from banks?

Advocate Himanshi Jain answered
you need to get a legal heir certificate from SDM office of your district and then with other required documents you can approach the bank and claim your money.for further details please contact me on this number.

Q: Can my husband claim the custody of child

I m mutual divorced recently through family court my child is minor and it is written by my husband that he will not claim the custody of my child in future. Will he able to claim custody in future or not?

Advocate Himanshi Jain answered
if he has given it in writing he cannot claim the custody of your child. if in future he anyways file a case for custody, you will have a strong case against him and you can show the agreement where he has agreed to the term with regards to the custody of the child

Q: Claiming Grandfather's property

and my 11 years daughter are separated from my husband since last 10 years. He has never supported on financial part and nor on any other upbringing of my daughter. Domestic violence, 498A is ongoing against him. He has now filed divorce. He is pretending that he has min earning. Can my daughter claim for ancestors property in the name of her grandfather now?

Advocate Himanshi Jain answered
yes your daughter can claim property. she is eligible to claim the ancestral property. she is even entitled to claim the property of her father. even if you divorce your husband, then also your daughter is eligible to claim your husband's or his ancestral property