Advocate Neville M Fulwadiwala

Questions Answered by Advocate Neville M Fulwadiwala

Q: Legal procedure for recovery of outstanding rent amount & license

what are the legal point for recovery of outstading amount of rent from the telant and licensee if not paid regular payment. Can we stop their utility facitlity for recovery of oustanding rent.

Advocate Neville M Fulwadiwala answered
You can send your tenant a Legal statutory Notice asking him to pay Rent within a period of 15-30 days failing which why action should not be taken against him for eviction of premisses in a court of law. A criminal case of tresspassing can also be filed against the tenant for wrongfully witholding the premises and threatening for non payment of dues.

Q: Is it necessary to become a member of the society

I am a tenant in a cooperative housing society of Mumbai. I dont want to hold any kind of membership in the society unless absolutely necessary. As a licensee of the apartment, is it necessary to become a member of the society?

Advocate Neville M Fulwadiwala answered
A Tenant is a person who occupies a flat in a Co op housing Society belonging to a member who has signed a Tenancy Agreement. Hence there is no question of a Tenant becong a member of a Housing Society

Q: Order cancelled by Amazon.in due to their fault

I had placed an order on amazon.in for a product which had an offer price of ₹-2/- , however I got a call from Amazon stating that my order will be auto cancelled since it was a glitch on the website. Kindly let me know if they can cancel an order in such grounds , as i have already made a payment for the order and order details with dispatched summery

Advocate Neville M Fulwadiwala answered
If your payment has been accepted and order summary despatched to you then you can sue Amazon in a Consumer Court for negligence and deficiency in services plus mental agony cause to you for misleading you into doing business with Amazon

Q: What is the authenticity of a registered will

I have a registered will of my mother who has given me the shares in her demat account , however in the same account my brother is the joint holder (second holder) and my name is not there in the account . The bank is not entertaining the registered will. So what is the authenticity of the registered will ?

Advocate Neville M Fulwadiwala answered
You are entitled to you mothers share in the demat account which holds your brother as the joint holder in the same Demat account. A registered will is valid and will stand good ground in court provided it is attested by two witnesses and contains a Medical Certyificate of a Registered Medical Practitioner saying that your mother is in sound mental and physical health to execute this will.Your mother should specifically state in the willl the details of shares and quantity which she wishes to bequeath in a will.In the absence of that information your brother is liable to ask for equal share in the shares belonging to your mother. Your other brother and sisters can also claim share by way of right to inheritance being her legal heirs.However if your Bank insists for a Probate/Succession Certificate then you will have to approach the High Court in your jurisdiction and apply for the same which may take anything from 3 months to a year.