Advocate Sameer Jagtap

Questions Answered by Advocate Sameer Jagtap

Q: Transfer of name as a tenant as per the Maharashtra Rent Control Act

Transfer of name as a tanent after the demise of both the parents. If landlord is declared as ex-parte the court.Then what will be effect on suit as a whole.pl.advice me.

Advocate Sameer Jagtap answered
Your question is not clear. Is any Suit pending in the Court? The question of exparty will arise only if the Landlord has filed a Suit and after receipt of Summons if no one appears in the matter the exparty order will be passed. In your case if the both aprents have expired, you will require to take the NOC from the other legal heir. By the way in whose name the rent receipt was issued? After taking NOC from legal heir, the Landlord will execute Agreement of Tenency. The said agreement is mandatory to get it registered.

Q: What steps can be taken against Landlord for harassment

I own a 4 storey building in Pune. I live on first floor and one of the flats from 2nd floor is sold to a family. In our contract its specifically mentioned that all the terrace rights will belong to the owner of the building and not the owner of the flat. Still they harass us by constantly asking to go to terrace and threating us to break the lock on the terrace door. My parents are both senior citizens, these flat owners constantly harasses them and break into our flat multiple times. They lady has threatened us that they will capture the whole property. What are my options here? Can they provide a notice saying they want the terrace rights which is against the contract?

Advocate Sameer Jagtap answered
First of all you can make complaint in the local police station regarding so called persons entering in your flat without your consent and for threats issued by them. Secondly you can send them a legal notice regarding their action and ask them to restrain themselves from taking such steps.Further after that you may file a suit in the court for restraining them from their actions.

Q: What step can be taken for the construction in common agriculture land

Hello sir, My father has a common agriculture land in a village and we have been living there from almost 40 years now. they are 4 members on 7/12 of the land including my father. now my house is decrepit and raw as the walls are made of soil and its unfit to live there in that house any more. so we don't have house to live that's why we started construction of new house near the old but other members are opposing for the same. what can we do?

Advocate Sameer Jagtap answered
First of all you cannot construct a house in the agricultural land. It depends how much acres of your land is. As you have mentioned that there are 4 members in whom the land is common. I presume that the 4 members are the heirs of the deceased person in whose name the land was. It is necessary to get the land divided amongst you 4 by filling a suit for Partition in the District Court and then mark the property in your name which gets to you by the order of the court. Once you are done with that you can construct a house in land in occupation.

Q: What to do when other flat owners forces tenant to vacate flat

I have rented out my flat in Pune to bachelor's but other flat owners forcing them and me to vacate flat as they are saying bachelor's not allowed. (Society yet to ferm) please suggest

Advocate Sameer Jagtap answered
You don't need to pay any heed to the demands made by the neighbors. Since the society is also not formed they can not rely on any bylaws. Till the date society is not formed and they put a specific clause pertaining to that you can keep the bachelor as your licensees.

Q: What can be done when there is property dispute from daughter in law

daughter in laws & her family is pressuring me to tell my parents to make their house on her name, other wise they will not allow her to come to my place. I told till the time my parents are alive they will not give it to anyone and we have made the will, in which my parents have clearly mentioned that after their death i will be given to me.

Advocate Sameer Jagtap answered
Who are you and in what capacity you are writing?? You are her husband??? Who are the family members of daughter in law?? If the property is in the name of your parent it will not be transferred in her name unless they execute a Gift deed in her name. If they have made a will you will have to get it transferred in your name after their death.I have failed to understand the dispute. Has she she filed a case in the court of law?