Advocate Kishan Kothari

Questions Answered by Advocate Kishan Kothari

Q: Traders due money not paid and cheque dishonour please suggest me

I am retailers of mobile shop. I have failed to repay the distributor due and my cheque is dishonour. The distributor have demanded me to present in court and pay the lawyers fee the due amount is only 40k . How can settle the case without being in court. Please suggest me legal remedies for my concern

Advocate Kishan Kothari answered
you can offer him the cheque amount and if he doesn't accept the cheque amount then you will have to appear before the court and you can deposit the cheque amount in the court or tell the judge to keep it in mediation to settle the matter.

Q: Security Deposit Can be used as rent??

HiI am renting a shop from last 5 month. I have signed the contract to stay in shop for 11 months with security deposit of Rs 130,000.00. After 5 months I want to close that shop and take all my equipment out. In this case I will able to pay rest 6 month rent. So can landlord deduct 6 month rent and give me my remaining money back? Is this possible that I should not have to pay rent for next 6 months as my security deposit already landlord has in his account?nnAs per my knowledge security deposit also can be used as rent if I am failed to pay the rent.

Advocate Kishan Kothari answered
yes he can use the security deposit, actually you don't even have to pay him the 6 months rent if you terminate the agreement by giving him 1 month prior notice, and don't give the possession of the shop till you get the security deposit back.

Q: Cases Filled By Brother Against Remaining Brothers

1.Husband purchased a property in wife name in the year 1990 from his own sources of income. Later at 2004 wife expired. Father got the property transfered to his name by producing death certificate of wife. And got khata transferreed to his name.And further father executed gift deed in the name of childrens. Except one child. Now that one child has filled criminal case .He is saying father was not in good condition . And he has some doctor report. But father has only visited subregister office and executed gift deed. Document includes father signature, thumb impressions and also his photo . He has filled sections 420 ,120b 467 , 471. All this has taken 5yrs before . But he has filled case now. Can he file criminal case??Because its related to civil. And what can be done from our side. We got gift deed executed from father.

Advocate Kishan Kothari answered
The criminal case does not have much stand as it is of pure civil nature, and even if judge orders issue process against you then you can approach sessions court to set aside the issue process order, the delay of 5 years has to be explained by your brother for filling the complaint. Your brother wants some money therefore he has filed criminal case, its best to settle the matter and gove him some money as he is your brother only not some outsider

Q: Filing FIR in criminal issue in pocso case

Hi nIs there any limit for police to file FIR under pocso act?nI am complainant and me and my sister are both the victim of crime...my sister is underage...i have submitted complaint to police station on my behalf still they are not willing to file FIR...they are insisting that first statement of my sister to be recorded in front of PI ...my sister doesn't want to go through all this... can't FIR be first filed based on my statement and then after that my sister can submit her statement to IO?

Advocate Kishan Kothari answered
yes on your statement also police can file the FIR and to start the investigation but you sister will have to come before the concerned police officer to give statement, and even if the police are not registering your FIR then you can file private complaint against the accused and seek direction from the court to direct the police station to register your FIR.

Q: Notice to Tenant Undelivered in Civil Suit of Mumbai Rent Act

If notice to tenant for arrears of rent sent by registered AD comes back undelivered with remark "Unclaimed returned to sender" or " door locked" then it is considered as valid notice served and delivered as per Maharashtra Rent Control Act for eviction suit?

Advocate Kishan Kothari answered
yes it will be served as valid notice as, unclaimed means intimation is given to the reciever that a letter has come for him but he was unavailable at that time so collect it from post office before the date, and if he doesn't collect the letter before the date mentioned in intimation than the postman will put the remark unclaimed or door locked