Advocate Shreyas A

Questions Answered by Advocate Shreyas A

Q: What is the procedure to refund or collect lease cost from tenant

I would like to Lease out my 3BHK apartment for residential purpose for the duration of 3 years.  As a house owner, a) Should I collect Lease Cost from the Tenant on yearly / half-yearly basis (or) else how exactly the Lease Cost should be calculated ? b) Should I refund the entire Lease Cost to the Tenant upon expiry of the Lease agreement ? If so, what are all the expenses that the Tenant is supposed to bear ? c) Should I collect any Security Deposit(of-course refundable) separately from the Tenant ? d) Assuming that the Tenant pays the Lease Cost on yearly basis, is there any provision to increase the Lease Cost every year say by 5% or 10% during the Lease period ? Kindly clarify my above all queries in detail. Thanks, Sudhakar Gutala

Advocate Shreyas A answered
Hello sudhakar gutala, In response of queryYes you can lease out your property. Collecting the lease amount on annual basis is advisable. As far as the increase in the lease amount is concerned, you could do that but it's left to the negotiations between the owner and the tenant. But the increase shld be reasonable. It's left to the owner to decide whether to keep the entire lease amount on the expiry of the lease period or not. The expense the tenant has to bare at the time of vacating is usually what ever damages he has done to the property ( I mean if any repairs ),and the last month electrical or water bill if not payed.Lastly clearly specify all the terms and conditions on which you have entered into in the lease agreement, so that you are safe if any disputes arise in future.

Q: False complaint filed by friend's wife, wants to take divorce from her

he has taken bale by court and she came back home. she is not willing to take back case. he is not willing to stay with her because she has made his life miserable. now charge sheet submitted to court by police. he has 10 year old male kid. 1. can he give one more complaint against law regarding mental harasement. 2.can he go to advocate and send diverse notice 3.can he force her to go away from his own house 4. how can he get rid of from his wife without damaging his status

Advocate Shreyas A answered
Yes, off course Your friend can get separated from his wife. He can surely send a divorce notice to his wife. And then He can file a divorce petition in the court on the grounds of cruelty. And finally if needs the custody of his child, he can claim his custody also in the same petition or else through a separate petition.

Q: Procedure to take Divorce if wife not treating the parents well

i got married about 1.5 years back. My thought was she should live with my parents until i buy a flat in that city where I m working currently because my parents are in older age. I can't leave them alone. but 1 months after my marriage my wife start arguing and fighting with my parents after this she went back to her mom's home. In this 1.5 years of period she lived at my home max for 4-5 months and with me max 2 months. She didn't make good food and sleep late in the morning till 11 AM and after every 2-3 days she make excuses like stomach ache headache and so on. When I asked her to correct her behaviour she start arguing me like if you are sleeping in the morning so why not I. I usually do late night shift. I lived far from my hometown and my parents live alone at home. Their family's member came to home start abusing and threatening my parents. Now i had suffer enough i want to file divorce case. please suggest how can i do that and also i want 6 months old daughter custody.

Advocate Shreyas A answered
Yes, You can surely file a divorce petition Against your wife on the grounds of cruelty towards you and your family. As for as your daughter custody is concerned, you can either claim the custody of child in the same suit else you file a separate suit..

Q: Can I see the valuation slip submitted in the court

My neighbor has slapped a case of encroachment on me even though there is none. He has his full measurement of plot as per his sale deed. The suit seems to me like a bare injunction suit. As I understand, to seek an injunction, the plaintiff needs to be in possession of the land he claims to be the encroached land. He has never had the land he claims to be encroached from his property in his possession and what's more he already has his land intact and in his possession. Can I use this point in order V!! Rule !! (dismissal of the plaint) along with other reasons? Also, is it possible for me to see the valuation slip that he has submitted to the court? and the court fees paid if any?

Advocate Shreyas A answered
Yes, Sure you can see the valuation slip filed by your neighbor. If you are party to that particular suit you in person or either through your advocate you can apply a copy application seeking the certified copy of valuation slip.

Q: Parents from different caste, which caste to follow

My father belongs to general caste but my mother belongs to obc caste..is there any chance of getting help from my mother's obc certificate ?

Advocate Shreyas A answered
You shld follow the cast of your fathers family. Otherwise you may face trouble in future while applying for jobs, I mean government jobs. Or Some one may raise questions in future like::Have you choosen your mothers cast just to gain benefits from government. Etc.