Advocate Ridhi Kackar

Questions Answered by Advocate Ridhi Kackar

Q: Is tenant responsible to pay if the agreement was not renewed

I was living in rented flat for 3 years. I have vacant the flat 45 days ago. I was living with my wife and 2 year son. During this 3 years period my son written on three walls of flat with color wax pencil. Now landlord call me and demand for money for paint that paint. And giving reason that your 2 years son written on the wall. At time when I was shifted into the flat a rent agreement was signed by both the party. During this 3 years tenure the agreement was not renewed. Also landlord never did whitewash during the period. In the rent agreement he has given in the first year which has expired, it was mentioned "lessee shall not cause any damage to the said premises and in case any damage is caused the said premises by the lessee, the lessee shall be responsible for the same and the lessee with liable to restore the same in its original condition or pay cost thereof, except normal wear and tear". Flat already white washed by the landlord this week. Please suggest what I should do?

Advocate Ridhi Kackar answered
If the rent agreement has expired and there is no legally binding agreement between you and the landlord then he cannot claim compensation for white wash. Also further details are required with respect to the liability for maintenance vide the expired rent agreement for proper evaluation of the matter.

Q: Can court consider for second preliminary decree/judgement

SIR, I am one of the defendant in a case of partition,possession in ADJ Court Tis Hazari Delhi, a preliminary degree has been passed against me for release of share of Plaintiff. I wanted to make application for revision or for 2nd preliminary degree as during trial i didnot file a will/TESTAMANTARY documents of my father in which he already devided his property equally in all his sons including plaintiff. Sir, is it possible that court at this stage hear my any application for 2nd preliminary degree/judgement.

Advocate Ridhi Kackar answered
The information provided by you is insufficient for proper evaluation of the matter. However, on the basis of the information provided by you, you can seek review of the order before the same court or go in appeal against the order before a higher court.

Q: What is the procedure to renew the rent agreement if owner is in USA

My parents are senior citizens and have been living with me in USA for last 3 years. They own an appartment in Delhi which they have leased out. They have not been managing the tenant properly and I am trying to help. I have a couple of questions to understand what we are dealing with. 1) The second year lease document expired in June 2016 and have since then neither the tenant nor my parents renewed it. Tenant has been living there and making timely rent payments. What should be our next steps? Renew the lease backdated (If that is even possible) or renew it from now on. 2) Who is most impacted with an expired lease, landlord or the tenant? 3) Is there any risk of the tenant refusing to vacate or claim ownership? He has been living there since 2014? 4) With all the scare stories about tenants refusing to vacate and claiming ownership if they stay long enough, how long should we let a tenant stay ? Thanks in advance!

Advocate Ridhi Kackar answered
In response to your first query, your first step should be to get the agreement renewed and in response to your second query, both the parties are at a risk in absence of rent agreement. In response to your third query, as you have already stated that the tenant is paying the rent regularly, its better to get the contract renewed now for having legal protection from any dispute likely to arise in future. In response to your fourth query, if you have a legally valid and binding rent agreement which is duly registered then the tenant can neither refuse to vacate the premises nor claim ownership of the same.

Q: Organization is rejecting me on the basis of false requirement.

I had applied for Management Trainee post under direct recruitment in the same PSU. I have intimated my department 13 days before closing date of apply and requested to issue NOC whenever required . I got selected in the written exam and on basis of my intimation, an NOC was issued stating that my department has no objection in my applying and appearing in GD and PI for the said exam. I had produced the NOC on the date of Document Verification. On basis of my NOC submission, I was allowed to appear in GD and PI. Now, in the main list, my name is missing. Even in the complete list my name is missing. From reliable sources, I came to know that I had secured 1st rank in the merit list. But, my candidature was rejected due to non-submission of proper NOC.

Advocate Ridhi Kackar answered
You can file a RTI application to the concerned PSU asking them the reason for non-inclusion of your name in the final merit list or you can ask for your marks/rank in GD and PI. After obtaining these required information, you will then be in a position to take further action.

Q: Company asking to deposit certain amount after I resigned

Hi there, I got a fnf settlement letter asking me to deposit 3083 in companies account cause I left the job without acknowledge them due to personal reason but after one month I send them a resignation letter. I just want to know do I need to take it serious or what happen if I don't deposit the amount. Please assist me. Thanks,

Advocate Ridhi Kackar answered
The seriousness of the matter depends on the reason for which the amount is due. Without having proper knowledge about the reason for which recovery has been called, this cannot be answered appropriately.