Question: Some residents are misusing our common terrace and causing nuisance. Our residence is situated in a four-story apartment building, with a common terrace located above our floor. Unfortunately, some of the other residents frequently use this terrace for recreational activities such as playing cricket, cycling, and running, which generates significant noise and disturbance within our apartment. We are seeking advice on any available legal options to address this issue.
One option is to check if your apartment complex has any by-laws or rules regarding the use of the terrace. If there are such rules in place, you can bring the matter to the attention of the building management or the resident welfare association (RWA) and ask them to enforce the rules to stop the noise.
If there are no specific by-laws or rules in place regarding the use of the terrace, you may want to consider approaching the police or local authorities with a complaint of nuisance. If they are causing nuisance which may breach the peace and tranquility in the society, then the authorities can take action against those who are causing nuisance. Police can take a bond from them to maintain peace and tranquility.
You may also want to consider talking to the residents involved directly and requesting that they be more considerate about their behavior on the terrace. If the problem persists, you may need to escalate the matter to the building management or the authorities.
Question: Stopping of Pension or getting pension in part of my deceased father. My mother died in 1996, and in 1998 my father got second marriage. My father was a govt employee and now the pension is being completely acquired by my stepmother. She took all the retirement benefits and did a lot of misdeeds with me. I am 30 year old and even do not have my own home, because it is subjugated by my stepmother and his two children. Is there any way of claiming part in pension or stop the pension that my stepmother is getting. Kindly help in that case.
Family pension is only available to the dependents of retired government servants, and not to those who are able-bodied. However, if a child is disabled or handicapped, they are entitled to receive a portion of the pension as a matter of right, in addition to the pension received by the other dependents. You are not entitled to get pension because you are an abled person.
Question: Hello, we are in the early stages of launching our startup in India and would like to engage an advisor to help ensure that we comply with all legal requirements during the launch process. Could you please provide us with your pricing information for this type of service?
Sure! It's a great idea to have a legal advisor on board during the launch process to ensure compliance with all relevant laws and regulations. Here are a few things to keep in mind when searching for an advisor:
- Look for an advisor who has experience in the specific industry or sector your startup is operating in. This can be especially important in ensuring that you are aware of any industry-specific regulations or laws that may apply.
- Make sure that the advisor is licensed to practice law in India and is in good standing with the bar association.
- Ask for references and check them before engaging an advisor. It's important to work with someone who has a good track record and positive reviews from previous clients.
- In terms of pricing, some advisors may charge a flat fee for their services, while others may charge an hourly rate. Make sure to clarify the pricing structure upfront and get a detailed breakdown of the costs involved.
Overall, it's important to prioritize finding an advisor who is a good fit for your specific needs and can provide valuable guidance during the launch process.
Property manager has refused to return the security deposit. The agreement for my flat ends in May 2025, and the security deposit was 12 lakh. Despite repeated pressure, the property manager has refused to return the security deposit and has lied about the reasons for withholding it. What actions can I take in this situation?
If you have exhausted all options for retrieving your security deposit and the property manager is still not returning it, you may consider filing an FIR (First Information Report) against them for cheating and misappropriation. An FIR is a legal document that is filed with the police in India to report a criminal offense.
You will need to provide evidence to support your claim that the property manager has not returned your security deposit, such as the lease agreement, receipts, and correspondence between you and the property manager. Once you file the FIR, the police will investigate the matter and take necessary action against the property manager.
Question: Negative review about a hotel which was below the standard claiming on the website. I am a paying member of a hotel (name not disclosed) and I pay an annual fee of Rs. 12,000. In February, while dining at the hotel, I saw cockroaches in the 5-star establishment and informed the staff, paid them, and posted a negative review on social media. The hotel approached me to remove the negative review and offered me complimentary services like spa treatments, use of the pool, and brunch. As a paid member with a non-cancelable membership, I had to accept their offer.
During the spa treatment, the hotel applied some products without discussing or disclosing them to me. They claimed that the products were suitable for all skin types. Later, my skin developed rashes and hives. When I looked at the toiletries given, I found that they were already expired. I asked the membership team for a refund and they promptly refunded my annual fees upon learning about my allergies.
I kept asking the hotel and membership team to take action about the expired products, but despite my rigorous follow-up, they have sued me for harassment and issued me with criminal and civil notices, which are factually incorrect.
It sounds like you have been through a lot. Since the hotel has sued you for harassment, it is important to reply (written statement) it as soon as possible.
In the meantime, you can continue to document all interactions with the hotel and membership team, including emails and phone calls. It may also be helpful to gather any evidence, such as receipts or pictures, to support your case.
Regarding the expired products, you may consider reporting this to the relevant regulatory authority, such as the local health department. This can help ensure that the hotel is held accountable for any violations and that other guests are not put at risk.
Remember to stay calm and professional in all interactions with the hotel and membership team. It is important to avoid any behavior that could be seen as harassment. With the help of a lawyer, you can work towards a resolution that is fair and just for all parties involved.
Question: Complaint against construction of extra space. I have a property in MJ Nagar Powai area, with the area ward being "S ward". We had made the double mala 1+ year ago, which cost near 2 lakh rupees. Recently, my uncle filed a complaint with the Mahanagar Palika, claiming that the room was constructed with extra space, even though we had constructed it as per the room size, and it was legal when compared to other rooms beside ours.
Despite this, there has been no action taken by the Mahanagar Palika. I want to secure my room fully for safety so that it would not be destroyed or affected by anyone. I need your consultation on how to secure the property and what needs to be done now. Should I pay the property tax? If yes, what is the procedure? If not, what else needs to be done? What necessary actions need to be taken now? I would really appreciate it if you could give me your best opinion on the above situation. Thank you.
Based on the information provided, it seems that the issue at hand is related to the construction of a room in your property, which has been questioned by your uncle and reported to the Mahanagar Palika. Despite your assertion that the construction was done as per the room size and was legal, no action has been taken by the authorities.
In order to secure your property and prevent any potential damage or negative impact, it is advisable to consult with a legal professional or a construction expert. They can provide you with guidance on the best course of action, including whether or not to pay property tax, and the procedures involved.
It may also be helpful to gather any relevant documents or evidence related to the construction and legality of the room in question, as this can support your case and help to resolve the issue more efficiently.
Overall, it is important to take swift and proactive measures to address the situation, and seeking professional advice can be a valuable step in protecting your property and ensuring a satisfactory resolution to the matter.
Question: Will the government of Telangana regularize our services? We, the employees working in the O/o. Telangana State Council of Higher Education (A Statutory Body of the Telangana State), have been working on a Consolidated monthly remuneration for the past 10 to 15 years, with the hope that the Government of Telangana will regularize our services. The Finance (HRM.I) Department, Government of Telangana, has issued a government order vide G.O.Ms.No.38, Dated: 30.04.2023, for the regularization of the services of Contract personnel based on the proposals received from the concerned administrative departments.
However, since the Telangana State Council of Higher Education is under the 10th schedule of the Andhra Pradesh Reorganisation Act of 2014, commonly known as the Telangana Act, the consolidated employees belonging to Andhra Pradesh are still working, and we, the employees belonging to Telangana, are 20 persons working in different cadres which come under Group-IV, struggling to get our employment regularized.
Furthermore, our employees' data has not been listed in the Government orders vide G.O.Ms.No.38, Dated: 30.04.2023. We, therefore, request you to do the needful and help in the regularization of our services.
Your cadre is not defined therefore, no information has been given in the said government order. Thus, you should move a representation to the respective authority of the state government to classify your cadre. If the government is making delay in determination of your cadre, then you should move a writ petition in the High Court for seeking a mandamus writ.
If your cadre has been defined then you are entitled to be regularised as per the government order dated 30-04-2023. There is only one legal impediment i.e. classification of cadre, lies in your case. Otherwise you are entitled for regularisation.
Question: Bank not allowed to repay the personal loan in UAE. I want to repay my personal loan in UAE but the bank is not helping me with a feasible repayment plan. What can I do?
You can talk to your bank and explain your financial situation. You can request for a feasible repayment plan that suits your current financial situation. If you have any proof of your financial hardship, such as loss of employment or a medical emergency, you can provide that to the bank. The bank may consider your situation and come up with a repayment plan that is more manageable for you.
If you have taken a personal loan from a bank or financial institution and are facing difficulties in repaying the loan, you may be able to approach the Debt Recovery Tribunal for debt restructuring. Here are the steps you can follow to get your personal loan restructured through DRT:
- Approach the bank or financial institution: You should first approach the bank or financial institution that provided you with the personal loan and request for debt restructuring. You can explain your financial situation and request for a repayment plan that is more manageable for you.
- File a case with DRT: If the bank or financial institution is not cooperating with your request for debt restructuring, you can file a case with the Debt Recovery Tribunal. You will need to engage a lawyer to represent you in the case and file a petition with the DRT.
- Attend the hearing: Once you file the petition, the DRT will issue a notice to the bank or financial institution to attend the hearing. At the hearing, both parties will present their arguments and evidence, and the DRT will make a decision on the matter.
- Debt restructuring order: If the DRT finds in your favor, it may issue a debt restructuring order to the bank or financial institution. The order may require the bank or financial institution to restructure your loan by extending the loan term, reducing the interest rate, or changing the repayment schedule.
- Follow-up: Once the debt restructuring order is issued, you should follow the repayment plan as per the order. You should also stay in touch with your bank or financial institution to ensure that they are complying with the order.
Question: Deceased sister's son not giving his sign for sale of property. Property is in possession of three brothers they want to sell sister died few Months back son of deceased sister not cooperate.
If the property is owned jointly by three brothers and their deceased sister, then all the legal heirs of the sister, including her son, have a share in the property. If the brothers want to sell the property, they will have to obtain the consent of all the legal heirs, including the son of the deceased sister.
If the son of the deceased sister is not cooperating, the brothers can try to resolve the issue through mutual discussions and negotiations. They can explain the need for selling the property and try to address any concerns or objections raised by the son of the deceased sister. It may also be helpful to involve a mediator or arbitrator to facilitate the discussions and help in reaching a resolution.
If the son of the deceased sister still refuses to give consent for the sale, the brothers can approach the court and seek a partition of the property. In a partition suit, the court will divide the property among the co-owners, including the son of the deceased sister, in accordance with their respective shares.
The co-owner has committed the offenses of mischief and criminal trespass. You should file an FIR against him, as he has no right to demolish the common wall that was erected in compliance with HSVP regulations. If the co-owner has any grievances, he should make a complaint before the appropriate authorities of HSVP. However, instead, he has taken the law into his own hands and demolished your wall. His act constitutes an offence.
You should also initiate a civil suit to recover the losses you incurred due to the demolition of the common wall, as well as to seek a permanent injunction. A decree of permanent injunction would prohibit the co-owner from interfering with the premises. You may also claim litigation expenses and compensation for the mental agony you have suffered due to the demolition of the wall.
