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Create a leave and license agreement for your flat.
Divorce (under construction)
File for mutual consent divorce
Complaint Under RERA (under construction)
File a complaint against your builder under RERA.
Cheque Bounce Notice (under construction)
Send a legal notice to the issuer for a bounced cheque.
Question and Answer
My tenant and I have an agreement for a 2 BHK flat but recently he has been refusing to pay rent citing covid19 lockdown and government orders. Can I take him to court? -- Atul K.
Reply:
Of course you can! A lease is a contract under the Indian Contract Act, 1872, there is a transfer of property for the leased period. Hence, the lease is governed under the Transfer of Property Act, 1881.
The payment of Monthly rent is a Contractual Obligation. The same cannot be avoided unless there is a clause in the contract and suspension of lease or termination of lease Notice is issued by the tenant in compliance with the contract clause.
Recently Delhi High Court in RAMANAND & ORS v/s DR. GIRISH SONI & ANR has also supported the above view. The court said "The Tenant's application for suspension of rent is thus liable to be rejected inasmuch as while invoking the doctrine of suspension of rent on the basis of a force majeure event, it is clear from the submissions made that the Tenants do not intend to surrender the tenanted premises. While holding that suspension of rent is not permissible in these facts, some postponement or relaxation in the schedule of payment can be granted owing to the lockdown."
Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com
Due to Covid-19 lockdowns, is it possible to get Mutual Consent Divorce through video conferencing? -- Sunita
Reply:
Yes, it is possible. In a recent Judgment of Harshada Bharat Deshmukh Vs. Bharat Appasaheb Deshmukh, ST. NO.1788 of 2018, the Bombay High Court has held that a petition for divorce through mutual consent can be filed through a registered power of attorney and directed the Family Court, to allow recording of consent terms via Skype or any other technology. The couple filed a petition before the Family Court for dissolution of marriage through mutual consent under section 13 B of Hindu Marriage Act.
Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com
Why Us?
- Advocate Ibrahim Deshmukh has an experience of more than 30 years in the real estate field.
- Advocate Deshmukh has been providing legal consultancy services to his clients in Panvel, Navi Mumbai, Karjat and Alibag on real estate acquisition and in development of land by local and overseas purchasers.
- We conduct title verification, and draft loan, leave and license agreements. Advocate Ibrahim Deshmukh has experience with leading developers in construction contracts including bidding documents, agreements with sub-contractors, leasing & renting of equipment. Besides this, we undertake:
- Matters related to 7/12 extracts of plots and farm lands in Maharashtra Maharera cases of flat buyers as well as the developers Drafting of leave and license agreements.
- Formation of Cooperative Housing Societies and matters related to management and members disputes
- Guiding clients through the regulations governing the acquisition and sale of property particularly farm land and building and bungalow plots particularly in Maharashtra Real Estate litigations Matters related to arbitration cases including Waqf Tribunal Aurangabad cases Family partition disputes of Sunni and Shia Muslims matters of Civil, Criminal, Matrimonial disputes cases of leave and license agreements - Advocate Deshmukh is the former President of Indian Lawyers Association in Kuwait and along with his associates, he has helped many poor Indian expats through the Indian embassy in Kuwait.
- We regularly handle tribunal cases in Dubai.
- We have won multi-million dollar cases against "United Kingdom's largest engineering consultancy firm".
- Business litigation and international arbitration is another one of our strong points
- We are well-versed with real estate laws and regulations of MahaRERA of Maharashtra as well as RERA Dubai. We also provide advise on legal matters associated with Real estate investments such as Compensation related to delay in possession, Payment refund related to non-deliverance or post agreement modifications.
- We specialize in formulating Agreement to sale, Sale Deeds, Transfer of an interest in land or property by way of gift, exchange, release, conveyance, assignment and mortgage.
- We have extensive experience when it comes to Muslim Personal Laws and laws related to Muslim inheritance of property by Indian residents as well as NRIs and POIs.
- Reasonable fees
Latest Articles
Real estate:
Deemed Conveyance
Builder/Promoter refuses to convey building and land to Co-operative Housing Society
Strict law against illegal construction in Maharashtra
Civic officials and even local police station heads will now be held responsible if illegal constructi...
Co-operative Housing Society formation under non-cooperation of builder
Procedure and Requirements.
Analysis of Maharashtra Housing Bill 2011
Based on Dubai RERA, but ...
Consumer Protection and Others:
Who is a Consumer as per the Consumer Protection Act?
any person who buys any goods for a consideration which has been paid or promised or partly ...
What are the Rights of a consumer?
The right to be protected against goods and services which are hazardous to life and property....
What is Deficiency in service to a Consumer?
If a Builder doesn't form a Cooperative housing society within 4 months of the date...
Legal documents
Real estate:
Maharashtra RERA Rules
The Maharashtra Real Estate Regulatory Authority rules regarding recovery of Interest, penalty, compensation....
The Real Estate (Regulation and Development) Act
An Act to establish the Real Estate Regulatory Authority for regulation and promotion of the real estate sector.
Maharashtra Housing Act 2012
An Act to regulate and promote the construction, sale, management and transfer of flats on ownership basis.
Maharashtra Ownership Flat Act (MOFA) 1963
An Act to regulate and promote construction, sale, management and transfer of flats on ...
Maharashtra Ownership Flats - Amendment Act 2005
An amendment to Maharashtra Ownership Flat Act (MOFA) 1963
Maharashtra Ownership Flats Rules - Amended rules 2009
Amendment to Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer Rules 1964
Cooperative Society:
Maharashtra Co-op Societies Act 1960
An Act to consolidate and amend the law relating to co-operative societies in the State of Maharashtra.
Maharashtra Co-op Societies Rules 1961
Rules on Registration of society, Refusal of Registration, First bye-laws of a society, ....
Maharashtra Co-op Societies - Manual
in marathi.
Cooperative Housing Society Model Bye-laws 2013.
Along with Enclosures, Annexures and Appendixs
Gazette of India The Constitutional - 97th Amendment Act 2011
Cooperative Society related amendments
Maharashrashra Ordinance on Co-operative Societies - Amendment Ordinance 2013
An amendment to Maharashtra Co-operative Societies Act 1960
Maharashrashra Ordinance on Co-operative Societies - Amendment Ordinance 2013
in Marathi.
Land:
Maharashtra Land Revenue Code - Amendment Act 2014
An Amendment to Maharashtra Land Revenue Code 1966.
Govt circular for immediate E-Mutation by Talathi on Registered Sales Agreements
in Marathi. With important parts highlighted.
Consumer Protection and Others:
Consumer Protection Act 1986 and Rules 1987 with Amendment Acts 1991, 1993 and 2002
Protection of consumer interests and settlement of consumer disputes
Information Technology (IT) act 2008
This act establishes rules and punishments related to the use of Information Technology
Indian Penal Code - Amendment Act 2013
An amendment to the the main criminal code of India (with important sections highlighted)
Maharashtra Municipal Corporations, Councils and MRTP - Amendment Act 2012
Amends the 2010 act created for Corporations, Councils, Region and Town Planning.