Advocate Smarika Azad

Questions Answered by Advocate Smarika Azad

Q: Summon for settlement of Issues [Application u/o 39 Rule 1&2 CPC]

I am residing in Dwarka, New Delhi on rent since 2014. The agreement expired in 2015, but we were allowed to live as tenant on our requests. No formal agreement was signed. In December 2016 the landlord gave us final notice to vacate the house. Also threatened to vacate the house. Against this we filed an application to the police to lodge an FIR. No action taken by police. Now I have received summon from Additional District Judge. Landlord has demanded 5 lacs as compensation for not vacating the premises. The landlord has mentioned that he requires the property for self-use. Though the tenancy agreement expired in 2015, still the landlord is accepting rent [through bank] till date. No receipts issues since December 2016. I don’t have any permanent house where I can shift immediately. Please advise. I am not in a position to vacate to house before December 2017, as my mother is a senior citizen [70yrs] and I have two small kids also for whom the schooling would be affected

Advocate Smarika Azad answered
File reply to the summon or plaint that you have recieved. Tell the court about your difficulty and also that, you will vacate the same by december, 2017 till then you should be allowed to live in the premises. You can also ask the court that on the present rent we should be allowed to live. Regarding the question of self-use ask the landlord via reply that explain to the xourt exactly what self use he wants. And also, mention his property details in which he resides.

Q: Can I write brand name in different style along with logo

If i have a brand name and a logo of the brand,can i write the brand name in different style along with the logo.

Advocate Smarika Azad answered
If this particular brand name belongs to you, then you can do it to the extent where it does not loose it distinctive nature, and also these changes have to be notified to the TM registrar. Whereas, if this does not belongs to you, it will amount to gross violation of the exclusive rights of TM holder and it may cost you huge amount of damages. Hence, it is suggested that you should not change it if it does not belongs to you.

Q: Father gifted property to brother.Can married daughter claim any right

We are from Hindu Family , Can a married daughter claim right in a house property which belongs to her father and giftet by him to one of her brother without her consent and father is no more now?

Advocate Smarika Azad answered
If father willingly in his lifetime gifted that property to his son and gave nothing to his daughter (married), then she is not entitle to get any share in such property. But, for same, the son who acquired property by way of gift has to declare that he willingly did so and he had to present proper evidence in showing the same.

Q: Can I claim for non creamy layer status when father has government job

My Parents separated and divorced. Dad has no contact nor pays for us in ANY manner. It's hard to make ends meet with mom's private job n 20k salary. I'm in college brother in class 11. Dad is class 1 officer but we don't benefit from it. Can I avail OBC Non Creamy Layer reservation for a govt job? Though my father earns so much, in reality the annual income we thrive on is only around 2.5 lakhs p.a. earned by mom. Can I claim for non creamy layer obc.

Advocate Smarika Azad answered
Yes, you can since your parents are separated and your mother raised you up. You can avail OBC Non Creamy Layer Status. As the Law observed that Single mothers' children will acquire their status if they are below that line than child will also acquire that.