Advocate Manoj Phoolchand Jaiswal

Questions Answered by Advocate Manoj Phoolchand Jaiswal

Q: Rent agreement not renewed landlord has sent eviction notice

 My rent agreement expired in April 2018 & we didn't renew the agreement , but for the last three months, I have been paying him the rent, but 7 days back he has sold the flat & now forcing us to vacate the House, even though we had a talk that we will vacate the house in October 2018, as my mom is out of India & is living with my sister who just has a baby 2 months back, currently I, my father_ my grandmother ( who is ill) is living the apartment, & it's not Possible for us to vacate the house for ourselves, Also after listening all this my grandmother health is getting affected & we don't want to take any risk as she won't be able to manage new house. We just want the extension till October 26, as my mother is returning on 26 October, kindly help us, as owner has mailed us that we need to vacate otherwise he will call police & take legal action

Advocate Manoj Phoolchand Jaiswal answered
kindly inform us weather your Rent Agreement is registered or not?Rent Agreement terms is binding upon both parties. after go through you Agreement terms we are able to give opinion. do not panic, you have to reply landlord notice by way of email and letter and cc.to concerned police station. this is purely civil nature dispute therefore police will not interfere.

Q: Does father forcibly enter son's house and live?

Dear Sir/Madam - I live in 1 BHK flat with my wife, daughter and my mother-in-law. The flat is owned by me and my mother (50-50 % share) Can my father have a legal right on this flat? Can he forcibly enter the flat and live there without my consent? Does he have any right on this flat after my mother's death? Hope someone can answer this questions,

Advocate Manoj Phoolchand Jaiswal answered
1.Yes, your father has legal right on this flat because your mother is co-owner of the above flat.2. Yes after demise your mother 50% share will transfer in your father name subject to NOC of all legal heirs. and after father 50% share will transfer in the name of all legal heirs under Hindu Law.3. yes your father can live in your flat on behalf his wife 50% share.

Q: Landlord giving one month notice to evict flat agreement not expired

I am a tenant having valid notarised licensed agreement expiring on Sep 2018. The flat owner suddenly wants me to evacuate within 1month since he has accepted token money to sell the flat. Can my family be evicted just like that with 1 month notice before expiry of rental aagreement

Advocate Manoj Phoolchand Jaiswal answered
after gone through your Agreement Advocate can answer your question. without Agreement no advocate can give u correct opinion. kindly share your Agreement or you may go through your agreement terms and conditions

Q: What rights do tenants have under Pagdi System in Mumbai

A (male) and B (female) are a childless couple residing as tenants under the pagdi system in Mumbai. The rent receipt was in A's name. A passed away followed by B. Now B's brother, Mr. 'S' i.e. A's brother in law claiming rights to property as tenant(tenancy rights). 1. How to recover possession. 2. Does it matter if Mr. S was staying with the couple when they died? or does tenancy devolve to him?

Advocate Manoj Phoolchand Jaiswal answered
Except family legal heirs tenancy cannot be transfer. If no one claimant then other relatives can file RAD suit for claiming tenancy property. if s was residing then also he need he de Declration order of court. Tenancy cannot device except the legal heirs of tenant

Q: I am facing Harrasment by a Private electric Company . Kindly help..

I have electricity connection from SNDL a private electric company.My electricity bill from 200 units shot up to 2000 units per month .I had to make a payment of about Rs 90,000 but I made a payment of Rs 50,000 under protest on 31/08/2015. On 29/09/2015 they temporarily disconnected my electricity without notice or informing me , And from that date they remarked on every bill that the meter is inaccessible , although they themselves took and put the picture of the meter every month on the bill which proved the meter to be accessible. On 06/10 /2017 they removed the meter without notice or informing me. Now I am receiving calls daily from their vigilance office that their is theft of electricity . They did not give me any notice or informed me about theft or done any panchnama and didn't took signatures of any of my neighbours after passing of so manny days. Can they take any action now. I am thinking of going against them in consumer forum .

Advocate Manoj Phoolchand Jaiswal answered
You can file the consumer complaint against the electricity board. But before filing consumer complaint you have to issue legal notice through your advocate and give them 15 days to rectify thier mistake or wait upto 15 days. If electricity board failed to remove your problems then you have to file consumer complaint.