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1. Did you sign any agreement ?
2. Did you have justified reason not to take the property ? Was it because of some misrepresentation ? Variance between promise and performance ? if ther ewas no excusable cause - then it constitutes breach of contract, and they can have damages. Even then they can't appropriate the entire amount as damages but only a reasonable amount of the same.
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You cannot go to court with dirty hands, thats what the law says. When you have no basis as to how your staying he can simply throw you out of the house, if he goes to court there is nothing you can do about it legally. Though I have no much legal protection to offer you, possibly I can tell you the dangers that is existing.
1. He can go to court on the complaint of trespass, stating that you are staying in the house beyond the contract period and you have absolutely no defense in this matter.
2. You can in no way go to court as there is no basis at all. Which means you have no LOCUS STANDI because as per law you are not a tenant and even if you prove that it would amount to illegal staying beyond the contract period, again you are in bad position.
3. Even if you prove all the above you cannot prove the excessive rent imposed because there is no documentary evidence to prove the same.
4. But I can assure you one thing that the Landlord cannot use police force as the Supreme Court has recently ruled that matters relating to rent , occupancy, landlord and tenant should not be dealt in the police station. But as you itself have said that he is quite rich, he might get over the law.
The best thing for you to do now is to negotiate with landlord for Rs. 4000 but if he still insists on Rs. 5000, it is best you re-locate rather than going to court and spending money and time and also earn the wrath of the landlord.
I own a Commercial Property which is jointly owned by me (80%) and a third party (20%).
The Commercial Property can be described as the 1st Floor of a Commercial Complex which is given on Rent.
The Floor Plate is Undivided and is occupied by a single tenant.
I wanted to know if i can take mortgage loan on the 80% share of my property without the signature of the third party.
Presently the floor is not physically demarcated as to which portion is owned by me or the third party.
can someone apply for succession certificate if that propoerty has already been sold to someone else?We are the registered WILL holders and GPA holders of a flat,our allotee has died and nominee is claiming the flat now, we have the posession and residing in the flat from last 3 years, we have been making all the payments?
Co-operative societies department is asking to get our WILL probated, we dont want to get into civil court.
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