Advocate Sonia Sehgal

Questions Answered by Advocate Sonia Sehgal

Q: Can the landlord forcibly throw my belongings out of the house

i am a student, tenant living in delhi from 9th december 2014 in my a room for rent of rupees 9000.in the beggining i have given an security deposit of 9000 including rent 9000 before entry into the room. this month i could'nt pay the rent and the owner is telling that he will take out my things outside and give the room to an other person. i asked him to take off the security deposit as rent for this month, but he is asking me to pay the rent for this month and he will give the security back while vacating the room itseems, or else he will keep my things out and give my room to a new person itseems. i dont have money to pay the rent, and i wanted to take the security deposit as this month's rent, so that i can stay in my room till the end of this month. plz help me. and what action can i take if he tresspasses into my room and take out my things for giving my room to a new one

Advocate Sonia Sehgal answered
Have you executed any rwnt agreement. If yes then he cannot turn you out of the house. The amount of rent can also be adjusted with security deposits.He has to follow the legal process to get his property vacated. If the tenancy is oralThen you can restrain him from evicting you by approaching to the court

Q: Revision of rent from Rs.100 for a house in Delhi

I have a house in delhi. In 1950 My grandfather had given the ground floor on rent. The tenant has expired and his grandson is living in this portion and I give him rent recipt on the name of his grandfather. The rent is only Rs. 100. He occupied 40feet area. Can i revise the rent. Market or fair rent of such area should be above Rs 18,000. There is no agreement.

Advocate Sonia Sehgal answered
Why dont you get your property evicted. If u want you can contact. But regarding increasing rent you can sit together with your tenant and can talk and enter into a new rent agreement with fresh terms and conditions

Q: Rent Issue if i did not pay rent for a month

I need to know that if I didn't pay rent for 1 month and 2 nd month started and I pay rent for last month and if Landlord say vacate my place and I said that I will pay rent with in next 1 week. Will my Landlord make any case against me ?

Advocate Sonia Sehgal answered
You have not mentioned the rate of rent and about rent agreement. If there in the rent agreement there is aclause that you can pay rent after few days then dont worry. But on continous bon payment of rent above 3500 can easily be the reason for vacaton of suit property but if rent below 3500 theb the landlordcan simply file petiiton for eviction on grounds of no. Payment which on payment stands satisfied

Q: Terminated from job without any notice and did not getting f&f

Company suddenly terminated without any notice. What shall I do.

Advocate Sonia Sehgal answered
As per joining letter there should be a notice period and the reason for which you job is terminated. Onthe basis of that letter and terms and conditions you can claim for reinstatement and damages also

Q: Construction destroy by MCD with prior notice or intimation

I am constructing first floor of my house. In the middle of construction some MCD staff approach me and asking for bribe but i denied. However they told me nothing at that time but when construction of my house was completed some of the MCD staff came and destroy the roof of constructed house without any prior notice.I want to know that is there any provision where any type of notice provided to me before destroy to my house. Further, i want to know if it is illegal action taken by MCD what is the legal remedy for me.

Advocate Sonia Sehgal answered
Actually when MCD officials visited you thereafter you were booked under mcd for illegal construction and thereafter you haveto pay fine for cancellation of booking and an undertaking to not construct it without proper sanctioned plan. moreover if a property is booked under illegal construction then property caneasily be sited on the net list of booked properties for illegal construction of that area. Yes a proper noticedor demolition is there by MCD