Advocate Jabalin Sukanya

Questions Answered by Advocate Jabalin Sukanya (25+ answers)

Q: Delay in Registering rental agreement

To provide NOC, bank is asking tenant to add a clause to the rental agreement stating that "Lessee would render their cooperation in case any recovery action is initiated by the Bank against the Borrower/Mortgagor in future including handing over the peaceful possession of the leased premises to the Bank"Lessee is not agreeing to it. Bank is not providing NOC. So rental agreement registration is pending. Store is operational for 3 months now. What options do I have and how to proceed?

Advocate Jabalin Sukanya answered
The demand made by the Bank to include a clause requiring the tenant to hand over peaceful possession to the Bank is not legally tenable. The tenant (lessee) is not a party to the mortgage transaction and therefore cannot be compelled to surrender possession directly to the Bank. The relationship of the tenant is with the landlord (lessor), not with the Bank.However, the tenant can cooperate with the Bank in accordance with law if any recovery proceedings are initiated.

Q: Without showing a will sold a property(Hindu)

One person have some properties and dead in 1972. His legal heirs were his 4 daughters, 1 son and wife. His 3 daughters give their shares to the brother and one daughter not ready to give her share. And the person's wife have written a will of her share to the 2 sons of her only son and dead.The person's son have written a will of his share to one of his son and dead. After this the other son and his not signed aunt's children sold their shares to a third person without including these 2 wills.

Advocate Jabalin Sukanya answered
the issue is that the aunt’s children and the other son sold their shares without considering the bequests made under the Wills. Such a sale, to the extent it covers property already bequeathed, is invalid and not binding on the beneficiaries under the Wills.You may:1. File a partition suit to claim your lawful share as per the Wills and succession.2.Seek declaration that the sale made to third parties, ignoring the Wills, is void to the extent of your rightful share.3. Place the Wills before the court for probate/letters of administration to establish their validity.Until proper partition is done, no single heir or group of heirs can unilaterally sell the entire property. You have enforceable rights to protect your share.

Q: Land owner not returning advance money back & threatening for compens

Total of 3.4 acres. In that 2.2 acres has ok. Another 1.2 acres is non partitioned between brothers & sisters. But the seller got 4/5 share . 1/5 share is holded by another owner. I thght not to proceed with unpartition So we asked for advance money back. When we ask for return, he is saying I only have to give compensation for him for the loss & threatening police complaint. He is not ready to give legal & heir certificates & death certificate. We paid 35000 in 2 shots.. 10000 by my father he

Advocate Jabalin Sukanya answered
From the facts stated, it appears the seller has taken advance without having full, clear, and marketable title over the entire extent of land. Since partition is not completed and the seller is unable to convey valid ownership, you have the legal right to demand refund of your advance.

Q: Tenant not paying rent default for three months

I rented my commercial property to a tenant But for the past three months he is not crediting rent to my bank account Agreement already expired Not renewed Kindly advice Thanks

Advocate Jabalin Sukanya answered
Since the rental agreement has already expired and was not renewed, your tenant is currently occupying the premises without a valid contract. Non-payment of rent for three months gives you legal grounds to act.1. Send them a legal notice demanding the payments of the arrears and you can either ask them to vacate or renew the agreement.2. If they fail to comply you can proceed with civil suit.3. Until then, avoid accepting partial payment or informal assignments.Thank You