Advocate Kartik Kumar

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Questions Answered by Advocate Kartik Kumar

Q: How to vacate my house from tenant

Hello Sir, My father rented out our 1 floor 6 year ago to some known people.They always give rent on time and try to purchase this flat from my father on a very low rate. For this we have denied.Now from last 3-4 years we keep him asking to vacate our property as as are required this flat also for our own use.But they make excuses that they are not able to find a flat and it's been very harassing for us now. We all live outside and my father's health is also not good bcoj of this thing. He always keep thinking about this property issue. We requested our tenant to vacate our house. I don't understand what I should do. Please suggest me something. And we don't have any rent agreement with them. Please help.

Advocate Kartik Kumar answered
sir.... you have a good case.... you can file case to vacate the primises on the ground of arrears of rent and for personal use and many other grounds under the provisions of urban rent control act....

Q: What a landlord should do if tenant not living there for a while

Want to know tenant and landlord issues about rent... wat a landlord do if tenant was not living there for a while

Advocate Kartik Kumar answered
Sir you have very good case to evict the said tenant under the provisions of rent control act. The possession of the said tenanted premises definitely given to you by the order of the Court. You should go to Court for eviction of said tenan without any delay.

Q: How can i get stay order for a job transfer.

How to get stay on job transfer during dispute in limited company at private sector..

Advocate Kartik Kumar answered
for that you have to provide copy of your appointment letter and terms and condition of your appointment. is your job transferable? if yes you cannot object to that but if not the stay can be challenged

Q: How can I claim maintenance from my husband

I am sufferin from domestic violence 16 years after that i get seprated from my hisband and file a case in court for money for me and three childern's basic needs such as study shelter. after 5 years court gave only 10000 Per month where as my husband got 50000 per month. This money is not sufficient for four persons. My layer got corrupted and they help my husband for present false statement in court. Now what i can do sir. my childern goes to higher studies and i hsve no option

Advocate Kartik Kumar answered
you can file an application for enhancement of maintenance amount by attaching your husband's income certificate. i think you are getting interim maintenance of Rs. 10000/- and your case is still pending. you have not mentioned in your query whether the previous case was filed by you as petitioner or by you and your children jointly. who are other dependents on your husband such as father, mother etc. please provide complete details, so that a proper advice can be given.Thanks

Q: Can company change terms to serve notice period during employment

I want to resign from current job immediately but my company wants me to serve notice period of 90 days as per the policy of the company which was revised few months ago. When i have joined the company offer letter contains 30 days notice period. I want to know that can anybody compel a person to do the job and can company change the policy of notice period which is against the employee without obtaining specific approval. Can you give a reference of case law or any Act to support my view.

Advocate Kartik Kumar answered
Any change in service conditions is to be made only after giving the employees so affected by such change at least three weeks notice. This is provided in section 9A of the ID Act. Certainly any service condition changes following an award of the court or settlement shall be binding as provided in the said settlement or award. If any company want to change the notice period from one month to two or three months, it can do so but not for the existing employees but for new joinees only. No change in contract of employment which will make the employees feel uncomfortable can be made without giving the employees an opportunity to assess and evaluate the situation. But at the same time, a service term which is more favourable to the employees can be implemented for which the law will always support the employer.