Advocate Monica Manchanda

Questions Answered by Advocate Monica Manchanda (25+ answers)

Q: How can I sell a joint property if the other partner doesn't want to sell it?

Sir, I have a leasehold commercial property jointly owned by my brother and me in central Delhi. I want to sell the property due to financial constraints, but my brother is not willing to sell. What should I do in this situation, as I urgently need the funds for my survival? Specifically, can a joint property be sold off without taking the consent of the other owner? Can a jointly owned property be sold by one owner? Kindly help me.

Advocate Monica Manchanda answered
Hi,You cannot sell an undivided share. File for partition suit before the Court and once the property will be partitioned, then you can sell your part of the share. If you are in dire need, then you sell the portion wherein you are staying and mention the fact that the property is undivided and is hereby selling out the portion which is in my possession.

Q: Legal action against neighbours who are constantly creating problems

Sir, I am a 20-year-old girl studying medicine from a well-educated and disciplined family. We are currently living in a rented house. My parents and I have been facing constant problems from our neighbors. They are always trying to dominate us, create unnecessary fights, and behave very badly, especially with my parents. For the past 4 years, we have not even spoken to them, yet they continue to mentally harass us. There is no peace at home because of them—we can't even sleep properly due to their behavior.

As a girl, my parents ask me not to get involved in such matters, but it’s very painful and shameful to stand by and watch this happen. I want to help, and I want this to stop. These neighbors act as if they own the place, even though we are also tenants like them. Their torture is becoming unbearable.

• Can I file a complaint against the neighbour?
• Where should I go for help? Can I approach any NGO for support or file an online complaint against my neighbour or with the police?

Advocate Monica Manchanda answered
First of all, start recording any fights or disturbances caused by your neighbours. Make sure the audio and video are clear, as this will serve as strong evidence. Next, you should file a police complaint at your local police station, explaining the situation in detail.

If the problem continues, you can also file a civil suit for injunction in the district court, asking the court to stop your neighbours from disturbing your family and to allow you to live peacefully without interference.

In addition to this, you may also file a complaint with an NGO, especially those that handle housing or harassment issues. You can even write a representation to your local MLA or housing society (if you live in one), seeking help.

But most importantly, start by recording every incident clearly, as that will support all your legal steps. For more help, feel free to contact me directly.

Q: Is rent increase per year compulsory ?

Would like to know more about Section 6 & 8A of Delhi Rent Control Act. can landlord increase rent after 1 year?, I mean at what basis landlord hike 10% every year. Is it mandatory? If not agreed by tenant are landlord forcefully can vacate the room..

Advocate Monica Manchanda answered
The percentage of increase in rent should be stated clearly on your rental agreement along with other terms so that you are aware of what to expect at the time of renewal. Sometimes Landlords use this for some tenants who refuse to vacate the premises which lose them a chance for other potential tenants who offer them more. Be that as it may, once you enter into a contract, you are bound by its terms and have to act accordingly. If enhancement of rent is not in your contract then you are not bound to do so. Also if incase the landlord does not accept your fixed rent then you have an option of depositing the same in court.For further query you can DM me.

Q: Gift deed registration of immovable property

If I wish to make a gift deed and immovable property let say is situated in Maharashtra and I reside in Madhya Pradesh .. where can I register my gift deed ?? MP or Maharashtra ??

Advocate Monica Manchanda answered
hi there. if the title and interest in the property is being transferred then the registration of the document vide which the transfer is taking place has to be by the sub-registrar of the jurisdiction where the property is situated. in case you need help, please contact

Q: Landlord refusing to return security deposit money how to recover

My flat had many problems that were not disclosed prior to shifting. Lease is of 11 months but I am shifting after 3 months only. Rent agreement says to terminate the contract, 30 days prior to leaving, tenant should give notice and deposit will be returned minus any damages. My landlord is refusing to accept this and not returning the Money, it's two months rent. What should I do and who should I approach for help?

Advocate Monica Manchanda answered
Hi there,You need to deposit the rent in the court by filing an application and once your notice period is complete u can file a case for recovery of security amount. or in teh alternative you may skip paying for the rent you staying and adjust your security amount against the same. Rest we can talk and discuss the further action. Thanks