Brightsanjay9083

Forum Replies Created

Viewing 15 posts - 1 through 15 (of 197 total)
  • Author
    Posts
  • Brightsanjay9083
    Participant
      B
      Brightsanjay9083
      PARTICIPANT
      April 13, 2025 at 11:39 pm
      Lawyer here, based in Delhi.

      You should act through a lawyer without further direct interaction. First, serve a formal legal notice for eviction, citing non-payment of rent, breach of tenancy terms, and unauthorised occupation by an undisclosed individual.

      In parallel, you should file a written complaint with the local police, stating that a person with a violent criminal background and pending cases is occupying your property under a false name. You are not asking for eviction by force, but requesting verification of identity, parole compliance, and official documentation of the situation for your safety.

      Keep all further communication through legal channels.

      in reply to: tenants not leaving #19160
      Brightsanjay9083
      Participant
        B
        Brightsanjay9083
        PARTICIPANT
        April 8, 2025 at 8:15 am
        Lawyer here, based in Delhi.

        You cannot remove them by force or without a proper legal process. In most states with rent control laws, eviction is allowed only on specific grounds. In your case, the most practical and legally valid ground is bona fide personal need. That means you or your family genuinely need the property for your own use.

        The first step is to send a legal notice terminating the tenancy on this ground. If they do not vacate, you will need to file an eviction suit under the applicable rent control law.
        The success of the case will depend on showing that your need is genuine and that alternative accommodation is available. This will take time, but it is the correct legal route.

        in reply to: Need help regarding tenant eviction #20969
        Brightsanjay9083
        Participant
          B
          Brightsanjay9083
          PARTICIPANT
          April 4, 2025 at 9:18 pm
          Lawyer here, based in Delhi.

          Even if there is no written rental agreement, a tenancy can still exist and must be terminated as per law. You cannot evict a tenant by force, no matter how unreasonable they are. Since there is no agreement, this is likely to be treated as a month-to-month tenancy, which means you must serve a written notice to vacate, giving at least 15 days’ notice before the end of a rent cycle.

          If they still do not leave, you need to file an eviction suit before the appropriate civil court. You can also claim arrears of rent if the amount is unpaid.

          Police cannot evict a tenant unless there is a court order. If there are threats, abuse, or violence, you can file a separate criminal complaint under public nuisance or assault, but that will not by itself get the tenant out.

          Brightsanjay9083
          Participant
            B
            Brightsanjay9083
            PARTICIPANT
            April 4, 2025 at 3:48 pm
            Lawyer here, based in Delhi.

            You have already done the right thing by submitting your medical records and informing the university in advance. If they still insist on physical presence despite your medical condition, that could amount to arbitrary action. Educational institutions are expected to act fairly and reasonably, especially when health is involved.

            You can send a formal written representation to the Dean or Registrar, attaching your medical records again and requesting either an online review or a deferral without penalty. If they ignore or deny your request without a valid reason, you can approach the university’s grievance redressal cell or ombudsman. If there is still no resolution, you can consider legal options. Courts have in many cases intervened when academic authorities acted rigidly despite medical emergencies.

            Brightsanjay9083
            Participant
              B
              Brightsanjay9083
              PARTICIPANT
              April 4, 2025 at 3:37 pm
              Lawyer here, based in Delhi.

              A lot of advice here is incorrect or oversimplified. Bonds in private employment are not inherently illegal in India. Courts have held that they are enforceable, but only to the extent that the company can show actual loss, such as documented training expenses or breach of specific service terms.

              If the ₹50,000 bond was for training and your appointment letter clearly states the condition that you must serve a minimum term, then TCS can try to recover that amount. However, the amount must be reasonable and must reflect actual costs incurred, not arbitrary penalties. Courts generally do not support excessive or punitive claims.

              That said, your medical emergency and the fact that you were placed on Leave Without Pay can be a valid defence if the company initiates legal action. It also strengthens your position to negotiate a waiver or settlement. But do not assume that “bonds are illegal” and ignore their notice. You should respond formally, stating your situation and your willingness to return company assets and resolve the matter amicably.

              Also, if the relieving letter is important for your next job, you may want to offer to return any dues proportionate to actual training costs, if those are clearly stated and reasonable. But first, get your appointment letter and bond terms reviewed by a lawyer before agreeing to pay or ignoring their claim.

              in reply to: Divorce help #21080
              Brightsanjay9083
              Participant
                B
                Brightsanjay9083
                PARTICIPANT
                April 4, 2025 at 2:24 pm
                Lawyer here, based in Delhi.

                Since your marriage was solemnised in India, it is strongly advisable to file for divorce in India, not in the UAE. Divorce granted in the UAE may not be automatically recognised in India, especially if the grounds for divorce do not match those recognised under Indian law or if both parties did not participate fully in the proceedings. This can create serious complications later, including the possibility of the divorce being treated as invalid in India.

                You are absolutely entitled to seek financial support for your child. Indian courts regularly award monthly maintenance for children, based on the income and capacity of both parents. The timeline depends on whether the divorce is mutual or contested. Generally speaking, and this is a gross generalization, a mutual consent divorce takes around 6 to 18 months. A contested divorce can take longer.

                in reply to: GPA question related to property transfer #21084
                Brightsanjay9083
                Participant
                  B
                  Brightsanjay9083
                  PARTICIPANT
                  April 4, 2025 at 2:18 pm
                  A notarised and unregistered power of attorney has no legal value for claiming ownership of immovable property. Even if it had been registered, it would not create ownership rights. The Supreme Court has clearly held that a power of attorney cannot be used as a substitute for a sale deed and cannot transfer title. A power of attorney only authorises someone to act on behalf of another person. Ownership of property must be transferred through a valid and registered sale deed, which was never executed in this case.

                  If the property is in use by you or your family, you may continue to enjoy it peacefully. However, it is advisable not to attempt registration or enter into legal proceedings claiming ownership, as none of you presently hold a valid legal title.

                  in reply to: Need a lawyer opinion about this. Please. #22885
                  Brightsanjay9083
                  Participant
                    B
                    Brightsanjay9083
                    PARTICIPANT
                    April 2, 2025 at 9:04 am
                    Lawyer here, based in Delhi.

                    You are facing abuse and serious threats, and you have every right to leave this marriage. Physical, sexual and emotional abuse is cruelty under the law and is a valid ground for divorce. You can also seek protection under the domestic violence law, which can include orders for your safety, residence rights and protection from further harassment.

                    in reply to: Old owners not vacating the house #22853
                    Brightsanjay9083
                    Participant
                      B
                      Brightsanjay9083
                      PARTICIPANT
                      April 2, 2025 at 9:00 am
                      Lawyer here, based in Delhi.

                      Since the sale is complete and registered, you are the lawful owner of the flat. If the previous owners are refusing to vacate despite clear terms, they are now in unlawful possession. You can first send a formal legal notice asking them to vacate by a fixed date. If they still do not comply, you can file a civil suit for possession and damages.

                      Brightsanjay9083
                      Participant
                        B
                        Brightsanjay9083
                        PARTICIPANT
                        April 2, 2025 at 6:28 am
                        Lawyer here, based in Delhi.

                        If multiple cases are filed in different cities on the same issue, your cousin can approach the High Court or Supreme Court to transfer them to one location. Courts allow this to prevent harassment. He can also request the High Court to quash false or repetitive complaints if they are clearly baseless.

                        Your uncle can ask the court to excuse him from personal appearances, especially due to age. As for the Rs. 1 crore alimony, the court will decide based on real income and assets, not just her demand. If your cousin earns modestly and has loans, that should be shown clearly.

                        Changing religion will not help. Courts do not accept conversion to avoid personal law duties. Let me know if you need help preparing a transfer or defence strategy.

                        Brightsanjay9083
                        Participant
                          B
                          Brightsanjay9083
                          PARTICIPANT
                          April 1, 2025 at 6:15 pm
                          Lawyer from Delhi here.

                          Based on the clause you shared, the company cannot relieve you early without either your consent or compensation for the unserved notice period. The offer letter states that termination by either party requires two months’ written notice. It also gives the company the option to pay salary in lieu of notice. This means if they choose to waive the notice period, they are effectively ending the contract early, and must compensate you for that period unless the clause clearly says otherwise, which it does not.

                          This situation is governed by contract law, not labour law per se. The Indian Contract Act applies here. There is no statutory rule under Indian labour laws that directly mandates a notice period for white-collar or managerial employees, so the terms of your offer letter will guide the outcome. If the company unilaterally reduces your notice period and refuses to pay for the remaining time, they are likely in breach of contract.

                          You should write formally to HR and your manager, making it clear that early relieving is not at your request and that you expect salary for the remainder of the notice period as per your contract. If they refuse, you can send a legal notice and pursue recovery through labour court (or civil court, depending on the facts of your case).

                          in reply to: Wife not consenting to mutual divorce #23160
                          Brightsanjay9083
                          Participant
                            B
                            Brightsanjay9083
                            PARTICIPANT
                            April 1, 2025 at 6:11 pm
                            Lawyer here based in Delhi.

                            If your wife has been living separately for 3 years without sufficient cause and is now refusing mutual divorce, you have the option to file a contested divorce under the ground of desertion, provided the separation was voluntary and without your consent for at least 2 years.

                            If you are not convinced about reconciling and want to proceed legally, you should document everything carefully and consult a lawyer to begin divorce proceedings. Her earlier refusal to return, leaving behind the child, and now suddenly changing her position may be relevant during trial.

                            in reply to: Legal Advice Required #23192
                            Brightsanjay9083
                            Participant
                              B
                              Brightsanjay9083
                              PARTICIPANT
                              April 1, 2025 at 5:45 pm
                              Lawyer here, based in Delhi.

                              If your US divorce was granted through proper legal proceedings where both parties had notice and a chance to be heard, and the grounds for divorce are recognised under Indian law (like cruelty, desertion, mutual consent), then Indian courts generally recognise the decree as valid. You do not need to do anything further to make it effective here.

                              However, if the divorce was ex parte or based on grounds not recognised under Indian law, then it may not automatically be valid in India. In such cases, you may need to file a declaratory suit in an Indian family court to get the foreign decree recognised.

                              Even if the marriage was not registered in India, your first marriage remains legally valid unless set aside. So, for your second marriage to be valid, the first divorce must also be legally recognised here.

                              in reply to: Fastest Way for Tenant Eviction #23208
                              Brightsanjay9083
                              Participant
                                B
                                Brightsanjay9083
                                PARTICIPANT
                                April 1, 2025 at 5:20 pm
                                Lawyer here, based in Delhi.

                                Since the rent agreement has expired and the tenant is not paying rent, eviction can happen through the rent control court.

                                Send a legal notice through a lawyer demanding payment of arrears and immediate possession. This step is legally required before filing a case and also puts pressure.

                                If the tenant does not vacate, you will need to file an eviction suit for recovery of possession and arrears of rent in the appropriate rent control court in Noida.

                                The dishonoured cheques can be used to file a separate criminal complaint under the Negotiable Instruments Act for cheque bounce. This can be done alongside the eviction suit and increases pressure.

                                That said, there is no truly “fast” way, except entering into an arrangement where you pay the tenant to leave the premises.

                                Brightsanjay9083
                                Participant
                                  B
                                  Brightsanjay9083
                                  PARTICIPANT
                                  March 31, 2025 at 8:05 pm
                                  Lawyer here based in Delhi.

                                  In addition to the above, S. 326 IPC is a serious offence and is classified as non-compoundable which means that even if both parties want to compromise, the court is not bound to accept it and the case will normally proceed through trial.

                                  However, since both sides were injured and are now willing to settle the matter, you can still file a joint petition before the court, preferably at the stage of charge or early in trial, stating that the matter has been resolved amicably. Courts, especially in cases involving family disputes or fights with no public interest element, sometimes take a lenient view and may consider quashing the FIR under Section 482 CrPC through the High Court, if both sides agree.

                                Viewing 15 posts - 1 through 15 (of 197 total)