Advocate Ravindra Prasad

Questions Answered by Advocate Ravindra Prasad

Q: Tenancy without written agreement between owner and tenant

I am the landlord of a property. We gave the keys of house on pretext of oral promise to a tenant. there is no written agreement between me and the tenant Now they have not paid the full security deposit and are ignoring our consistent calls. We have asked them to vacate the house before 30 days. And now they say they still cannot vacate the premises. I am afraid that the security deposit they have paid does not give us much security. What should I do?

Advocate Ravindra Prasad answered
it is unlawful if they are in possession of premises without any rent agreement that doesn't give protection to owner, so if you go to the court you have to admit possession of tenant but the tenant can take any defence such as that he was in possession as a mortgage e ,adverposession ,he can claim that he had paid advance of money as per his imagination so you won't get immediate results and it becomes long standing problemso better evict tenant immediately without expecting anything from him without going court of lawtake assistant of police and get evicteven it's good to use unlawful means to evict tenant on night mareif not possible all those means to do then issue notice of eviction stating not paying rent since 6 months and based on reply file the suit and evict tenant

Q: I wanted to withdraw my case against my husband after he came back to reside with me . I informed my

I wanted to withdraw my case against my husband after he came back to reside with me . I informed my lawyer on the same ,i attended court hearing to withdraw the case ,but the lawyers are extending the procedures. My job doesn't permit to take leaves as am in probation now .And the lawyers are not closing it ,have explained me a long procedure and asking for charges i cannot pay so much of money . How can i withdraw my case ,both of us are happy now ....please advice

Advocate Ravindra Prasad answered
attend on any one hearing day both husband and wife and tell the court the fact of reunion and living together and problem of not coming to the court so the court not e your submission and close the case even if your counsel object for itnot you have given power to your counsel and the same can be taken back at any point of time

Q: Sbi credit card got notice ...need to resolve

Hi I have SBI credit card which minimum amount not 5months but last 4month done the payment ...got the notice saying pre litigation for settlement ...eed some detail about pre litigation

Advocate Ravindra Prasad answered
Pre litigation means before going to court of law to settle the amount to the bank so get the print out of bank statement and reply to the notice based on the contents of noticenote you have agreed for credit card based on certain conditions so keeping in mind make settlement instead of lingering to court as the chance of your success is not visible

Q: I Issued a cheque under coercion

I issued two cheques under coercion. I was called to the police station because of a complaint made against me for the payment of 6 lacs that my late father borrowed in 2010 plus 10 lacs in cash that they had no proof for. the 6 lacs was made out in my name because i had a joint account with my father. i was 19 years old at the time. The police told me i would be arrested and that the six lacs would be made into 25 lacs with interest if i dont accept the 16 lacs and made sign two cheques plus a couple of bond papers. i was not represented and was alone when i visited the station.

Advocate Ravindra Prasad answered
the cheques issued under coercion does not have legal sancity but to prove that you have issued under coercion lodge complaint against the jurisdiction police officer to his superior and superintendent of police narrating the facts and if the same is denied and no action taken on your complaint you can file private complaint under section 200 of crpc , thereby you can escape from cheque liability that you have signed under duress

Q: Is landlord responsibility to clear dues after tenants death

My father passed away a year ago. There is a pending eviction suit for his office premise. Now the owner has made me as LR and asked to settle the 2 year rent and vacate the office as terms of settlement. I have offered to vacate the office premise after my father's death, but the owner is insisting I also clear the 2 year dues. I am not a partner in my father's business and the office is locked since my father's death. The judge has also offered to send the case to Lok Adalat Am I legally responsible for clearing the dues?

Advocate Ravindra Prasad answered
When your father is a tenant and during pendency of eviction suit if ur father demised though u r not partner in business then how u can claim the left over assets of ur father, so when u have the right to claim assets of ur father business u r under obligation as a legal heir of ur father to clear the debts including arrears of rent