Expert Explains
My mother has a house which was passed on to her through a will.
Published: 10th July 2018 04:52 AM |
By Justice K Chandru
Express News Service
CHENNAI : My mother has a house which was passed on to her through a will. I have a brother and my mother wants to give the house to him. She has taken this decision because I am her daughter and I am married. Guide me about my legal entitlement. — Name not mentioned. Since your mother got the property through a testament (will), she is at liberty to dispose of the same as per her own desire. You have no entitlement on that property unless your mother wants to give you a portion on her own will.
In June 2015 Bharti Airtel entered into an agreement to erect a mobile tower and the rent is regularly credited to my bank account by 8th of every month, except on a few occasions. I didn’t receive the rent in June. I sent a reminder and also pointed out to them that as per agreement there should be a 15% hike from June 2018. Now I received an international communication endorsement that “the rent is not paid by this circle please check at your end”. I have been sending mails and there have been no response.
Can I ask them to dismantle the tower for non-payment of rent or should I file a case and ask them to vacate my premises? Can I withdraw the consent given to TNEB authorities for the provision of electricity supply and ask them to remove the separate connection? — J SubramanianIf your tenant (Bharti Airtel) does not pay rent (existing or enhanced) for more than two months, you can ask them to vacate the premises. Only if you get an eviction order, the tower erected by them can be dismantled. For filing a petition before the rent controller, there must be a clear two months willful default in payment of rent.
We have rented a municipal shop through auction and the rent was `10,000 with a condition of 15% increment every three years. But for a few shops that have been rented without auction, the rent is `300 and the government decided to increase all shops’ rent by around 150%. So we filed a petition in high court for fair rental and got stay 10 months ago. Now the government has issued a fresh notice asking for new rent. I consulted my advocate and he informed me that stay order lasts only six months. What do I do now?
— Abishek
In the matter of hiring municipal shops, you cannot claim parity in the matter of rent fixed. The normal guideline of the government is to revise the rent by 15% once in three years. But the government also has said that the municipality is at liberty to auction the shop periodically and give it to the highest bidder. Your writ petition in the high court is not maintainable and high court will not fix any fair rent.
My mother has a house which was passed on to her through a will.
Published: 10th July 2018 04:52 AM |
By Justice K Chandru
Express News Service
CHENNAI : My mother has a house which was passed on to her through a will. I have a brother and my mother wants to give the house to him. She has taken this decision because I am her daughter and I am married. Guide me about my legal entitlement. — Name not mentioned. Since your mother got the property through a testament (will), she is at liberty to dispose of the same as per her own desire. You have no entitlement on that property unless your mother wants to give you a portion on her own will.
In June 2015 Bharti Airtel entered into an agreement to erect a mobile tower and the rent is regularly credited to my bank account by 8th of every month, except on a few occasions. I didn’t receive the rent in June. I sent a reminder and also pointed out to them that as per agreement there should be a 15% hike from June 2018. Now I received an international communication endorsement that “the rent is not paid by this circle please check at your end”. I have been sending mails and there have been no response.
Can I ask them to dismantle the tower for non-payment of rent or should I file a case and ask them to vacate my premises? Can I withdraw the consent given to TNEB authorities for the provision of electricity supply and ask them to remove the separate connection? — J SubramanianIf your tenant (Bharti Airtel) does not pay rent (existing or enhanced) for more than two months, you can ask them to vacate the premises. Only if you get an eviction order, the tower erected by them can be dismantled. For filing a petition before the rent controller, there must be a clear two months willful default in payment of rent.
We have rented a municipal shop through auction and the rent was `10,000 with a condition of 15% increment every three years. But for a few shops that have been rented without auction, the rent is `300 and the government decided to increase all shops’ rent by around 150%. So we filed a petition in high court for fair rental and got stay 10 months ago. Now the government has issued a fresh notice asking for new rent. I consulted my advocate and he informed me that stay order lasts only six months. What do I do now?
— Abishek
In the matter of hiring municipal shops, you cannot claim parity in the matter of rent fixed. The normal guideline of the government is to revise the rent by 15% once in three years. But the government also has said that the municipality is at liberty to auction the shop periodically and give it to the highest bidder. Your writ petition in the high court is not maintainable and high court will not fix any fair rent.
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