Advocate SK Shahrukh Raja

Questions Answered by Advocate SK Shahrukh Raja

Q: Tenant not paying maintenance charges and threatening the landlord

of maintenance in Flat.I asked developer many times to look into maintenance but he didnt do.Electric supply was from main meter and paid for new meter to CESC.As in agreement(from Nov '17)5K rent/PM & 10K Advance.Till date only paid 14500.No electricity bill & Maintenance paid by tenant.I stay in another city.In agreement its mentioned that Tenant should pay for Maintenance, however since Maintenance was not done no charges asked from tenant. The agreement uis for 11 months from 30 August & it is notarized.The developer have not started the lift and the tenant is now threatening to go to consumer court and asked for 10K and 20 K for transport of his furniture's etc. what should I do?

Advocate SK Shahrukh Raja answered
Here the clauses of the agreement are the most important parts. If in the agreement contents something which you are unable to provide to the tenant, the tenant has the right to sue you, but there must be an agreement between you and the developer which contains those, which is there in the tenancy agreement, so you have also the right to sue the developer showing same cause of action.

Q: Whether a family pensioner (widow) able to start her own business?

I want to know is there any legal way for a family pensioner who is widow and her son working in central govt with high salary profile, the widow family pensioner able to start her own bussiness with which law.

Advocate SK Shahrukh Raja answered
The pensioner widow can start a business a business in her own name, but the son being a central govt employee is generally not allowed to start or carry on any business. He can not be a director of the company but itdepends upon the service agreement. normally government employees are not allowed to be a director of any company in their personal capacity. Only as NOMINEE DIRECTORS if they are nominated by the Government,

Q: Revoke NOC given to brother for cinema license in form of affidavit.

I've given NOC to my brothers in form of affidavit for cinema license . Now I want to revoke/withdrawal the above NOC . Can I revoke/withdrawal it ?

Advocate SK Shahrukh Raja answered
Yes, you can cancel the NOC but you need to inform your brother by sending a legal notice saying that from the date the said NOC will not be valid and make a different affidavit declaring that the previous NOC will not be valid from such date. And serve a copy to your brother.

Q: Procedure to file for eviction on not paying rent to new owner.

I am purchase a property with 2 tenants on 03.09.2015 but they are was not give rent from 01.01.2015 to the previous owner and also not to me. On 14.08.2016 one tenant died.

Advocate SK Shahrukh Raja answered
It depends on the clauses of the agreement between the owner and the tenants. If the other tenants are not paying rent then the owner generally should give a notice to them and later on they can be evicted by the owner. And if someone dies with leaving successors then he might carry on the tenancy and pay rent but if there is no successors then his tenancy will be terminated.

Q: Wants to file divorce against husband on ground of affair

if i have no evidnce of my husband's affair how can i sue a file against?

Advocate SK Shahrukh Raja answered
If you are sure about the affair, you should collect evidence. And my advice would be, appoint a private detective.After collecting the evidence you can file a divorce case against your husband on the ground of adultery and claim alimony.