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Old 29th May 2015, 22:28   #121
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Need some help from the lawyers on the forum.
Dad has wrong date of birth in his passport since the very beginning. I decided to get it changed. Took all the documents which included the usual proofs plus 10th standard marksheet along with an affidavit stating reason of change. Now the passport office has cleared the file but it needs to be passed by the Regional Passport Officer. Is there any order I can get passed from the court which helps me in convincing the officer?
You could file a writ petition in the High Court seeking a direction to the RPO -- if there is inordinate delay or urgent travel requirement. I mention inordinate delay because for "routine" delays of a few weeks to a few months courts would be reluctant in setting precedents.

In these circumstances I have found seeking an appointment with the RPO / Superintendent works great. Your dad's presence may help - if he is physically upto it.
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Old 29th May 2015, 22:32   #122
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You could file a writ petition in the High Court seeking a direction to the RPO -- if there is inordinate delay or urgent travel requirement. I mention inordinate delay because for "routine" delays of a few weeks to a few months courts would be reluctant in setting precedents.

In these circumstances I have found seeking an appointment with the RPO / Superintendent works great. Your dad's presence may help - if he is physically upto it.
Thanks for the quick reply!

I am in no hurry at all. Dad will be physically present there. In that case I wouldn't be needing anything special, right? I just want to make sure that the Regional Officer has no reason to reject the application. Even after having all the documents, government offices are known to reject the application for some or the other reason
Btw, it isn't wrong to get the date of birth changed after so long, is it? The change in DOB is about 8 months.
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Old 29th May 2015, 22:41   #123
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I am in no hurry at all. Dad will be physically present there. In that case I wouldn't be needing anything special, right? I just want to make sure that the Regional Officer has no reason to reject the application. Even after having all the documents, government offices are known to reject the application for some or the other reason
Btw, it isn't wrong to get the date of birth changed after so long, is it? The change in DOB is about 8 months.
Most welcome. If by 'very beginning' you mean his first passport perhaps 20/30 years ago, then the RPO staff may (just guessing) harass you and perhaps even demand an additional affidavit setting out the reasons why you did not correct the error earlier. Such a late correction is bound to raise some questions. Look at what happened to poor General V K Singh when he tried to correct his DOB!

In Kolkata I have noticed the usually rude doorman / peons at the RPO (you have to navigate past these before you can meet an officer) show some courtesy with unaccompanied senior citizens and women. I'm sure Mumbai will be more efficient.
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Old 29th May 2015, 22:46   #124
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Most welcome. If by 'very beginning' you mean his first passport perhaps 20/30 years ago, then the RPO staff may (just guessing) harass you and perhaps even demand an additional affidavit setting out the reasons why you did not correct the error earlier. Such a late correction is bound to raise some questions. Look at what happened to poor General V K Singh when he tried to correct his DOB!

In Kolkata I have noticed the usually rude doorman / peons at the RPO (you have to navigate past these before you can meet an officer) show some courtesy with unaccompanied senior citizens and women. I'm sure Mumbai will be more efficient.
Yeah the DOB has been wrong since the past 25-30 years. The actual reason is that dad never thought about getting it changed. But now,with address changing I thought it would be better to get it changed to avoid issues in future. Dad isn't a senior citizen though
I have already given an Affidavit stating the reasons made on a stamp paper and attested by Notary. So now I am hopeful that when we visit the Regional Office after a week or so, we don't face any issues.
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Old 26th August 2015, 10:46   #125
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When you give out a flat on rent, maintenance of stuff is whose responsibility? For eg, the fan goes bad or the light goes bad, whose responsibility is it to fix it and pay for the fix?
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Old 26th August 2015, 12:30   #126
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When you give out a flat on rent, maintenance of stuff is whose responsibility? For eg, the fan goes bad or the light goes bad, whose responsibility is it to fix it and pay for the fix?
Generally, it is the responsibility of landlord to give fittings and fixtures in working condition at the time of hand over of flat to tenant. Same is expected from tenant to landlord when tenant vacates the flat. So during the rental period, it is tenant who has to maintain the flat.
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Old 26th August 2015, 13:14   #127
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Generally, it is the responsibility of landlord to give fittings and fixtures in working condition at the time of hand over of flat to tenant. Same is expected from tenant to landlord when tenant vacates the flat. So during the rental period, it is tenant who has to maintain the flat.
Does this needs to be included in the lease agreement or is it understood.
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Old 26th August 2015, 13:23   #128
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Posting on behalf of a friend. Request experts advice.

I currently stay in a rented accommodation. But I'm constructing a house for which I have taken home loan. The proposed completion of house is October 2015. After that, I would continue to stay in rented place till march next year since I cant change my kids school.
Can I avail tax benefits on home loan as well as hra component?

Thanks
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Old 30th August 2015, 12:45   #129
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Need help from the lawyers regarding the site purchase.

I have signed an agreement with the developer for purchase of plot in North Bangalore. Also paid substantial amount to the developer. I checked with a lawyer before signing agreement and was told should be OK to proceed.

Later when I was browsing through the documents in detail I suspected that the land might be grant land. I contacted different lawyer and showed all the documents. The lawyer asked me to get more records from the developer and as I suspected the land was grant land to person belonging to SC/ST category per document provided by developer. The developer mentioned as DC has approved there will bo no issues. The lawyer also says as the land is already DC converted there cannot be any issues in future. The developer has also provided that there no pending cases as per the 1979 act banning the sale of grant lands. The developer has also provided BIAAPA approval copy. The land is also mentioned in BIAAPA website.

Now the question will there be any legal issues in future? Can we go alone by the DC conversion as, per the act, DC would have gone through process of de-alienation of the land from the original owner.
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Old 23rd September 2015, 09:32   #130
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Hi guys, I need help.

My tenant is not paying rents since 3 months, we have a registered agreement , and have decided to evict him.

I need to know what will be the court costs involved.

My dad's lawyer (the better one among the lot) says theres nothing in the case at all, and only thing is that it'll cost 1 Lakh for the "court fees" which I guess includes his own fees. But, since he seemed busy, didn't mention how the court fees is calculated. Various websites drew an unclear picture, so could not under stand the same.

Any chances it'll be a wasted effort if he simply pays the rental dues in court ? We're afraid he'll again stop paying rents after this case.

He hasn't paid the electricity bill, ~9000/-, we plan to write to BESCOM to disconnect the connection since we're worried he'll leave us with a high electricity bill. Would it be legal to ask them this?

Last edited by WorkingGuru : 23rd September 2015 at 09:38.
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Old 24th September 2015, 17:23   #131
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Guys I need advice,
I had rented out a shop with a agreement for 11 months which expired in April15,all rent was recieved with a few delayed payments due to partys cash crunch and all was good, now i have been after this guy to renew the contract however last week he has mentioned he wants to shut his business and move back to his hometown banglore.
He has committed that by Oct 30 2015 he would vacate the shop.

Do i need to send him a notice from alawyer to the same effect to be on safer side?or is it not required since he is vacating by 30 oct.

What would be a safer bet?
Secondly he had paid us 3months rent as deposit, so if hes quitting in october 15, should i collect september rent from him?? or deduct from deposit after discussing with him?

Am more concerned about the notice part? Can anybody please advise!
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Old 7th October 2015, 22:18   #132
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

Quick Question - What are the current lawyers fees in Mumbai ? I just need their advice and help searching for property documents
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Old 7th October 2015, 23:33   #133
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Quick Question - What are the current lawyers fees in Mumbai ? I just need their advice and help searching for property documents
Very difficult to answer that question. It's like asking what does a car cost in Mumbai? Depends on a lot of factors. If it's searching for a document it might be cheaper to approach one of those agents/touts to do it for you.. They would be cheaper in most cases and more efficient many a times. Some documents may even be available online (like in Bangalore) or would be very easy for you to procure yourself with a simple application form at the local sub registrar/municipality office (depending on doc)..
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Old 7th October 2015, 23:37   #134
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Am more concerned about the notice part? Can anybody please advise!
No notice required. Since the agreement has expired, it'll be deemed to be a month to month tenancy. As long as he vacates and leaves no need for a notice. If you have to evict him then you need to terminate the tenancy and that's when you need the notice.

As regards the security deposit, it's up to you two to discuss and arrive at an agreement..
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Old 8th October 2015, 00:47   #135
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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Originally Posted by WorkingGuru View Post
Hi guys, I need help.

My tenant is not paying rents since 3 months, we have a registered agreement , and have decided to evict him.

I need to know what will be the court costs involved.

My dad's lawyer (the better one among the lot) says theres nothing in the case at all, and only thing is that it'll cost 1 Lakh for the "court fees" which I guess includes his own fees. But, since he seemed busy, didn't mention how the court fees is calculated. Various websites drew an unclear picture, so could not under stand the same.

Any chances it'll be a wasted effort if he simply pays the rental dues in court ? We're afraid he'll again stop paying rents after this case.

He hasn't paid the electricity bill, ~9000/-, we plan to write to BESCOM to disconnect the connection since we're worried he'll leave us with a high electricity bill. Would it be legal to ask them this?
Your dad's lawyer is probably right. Hiring a decent advocate will set you back a fair amount. Costs of litigation will be on the higher side. Actual 'court fee' may not be much but in addition to that, lawyers will charge for appearances and expenses during proceedings. Court fee is calculated based on the provisions of the 'Court Fee and Suit Valuation Act' of the State and also depends on the relief sought for.

Attempting to cut the electricity connection at this juncture may invite more litigation.

My suggestion would be to send a few strongly worded legal notices via RPAD. This is only to get a feel of the situation and create a base for future litigation, god forbid.
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