Can I take legal action against the housing society for false billing? Housing society issues wrong charges on bills. Non cooperation from MC. Dear sir, my society MC had mentioned wrong charges under property tax in the bill January 2020 and prior all bills with wrong charges under property tax. I asked them to rectify the mistake they have made in the bill, and also generate a new bill for Jan 2020 with the correct amount.
Refund the extra amount they have collected which is around 40k so that I will clear my further dues. But since jan 2020 they just ignore to rectify their mistake. They keep adding interest on all bills after jan 2020. Done compliments to registrar also with various other issues for non cooperation and mismanagement by MC. Now my pending dues reached to amount around 2 lacs including interest. Sir please advise what shall I do to solve this issue immediately?
When the MC has dishonestly sent false bills it has committed the offence of cheating. Cheating is punishable under Section 420 of the Indian Penal Code. Therefore, you can lodge a first information report (FIR) against the society management committee under Section 420 IPC.
It is the responsibility of the Management Committee of society to collect fees and taxes from the residents. It has the right to collect society charges like property tax, water charges, service charges and maintenance charges etc. Hence, the MC of society has to perform its duty honestly.
Legal action against housing society
If the management committee had dishonest or fraudulent intention behind issuing false bills then it has indeed committed the offence of cheating. Therefore, resident can initiate legal action against housing society. In V. P. Shrivastava v. Indian Explosives Ltd. & Ors AIR 2011 SC (Cri.) 2073; the Supreme Court has held that:
For the offence of cheating the dishonest or fraudulent intention should be in existence at time when alleged inducement was made by the accused.
You have requested the MC to rectify the mistakes on bills but it has refused. Hence, the MC has admitted the charges bearing on the bills. Therefore, you can take legal action against the MC for cheating.
You have to prove that by issuing false bills the MC had the dishonest intention to induce the flat owners to pay extra charges. This fact is sufficient to launch criminal action against the MC.
But you should collect evidence regarding the correct rate of property tax and charges. Because you have to prove in court what were the correct charges.
No need to send a legal notice to the MC before lodging an FIR. You have already requested to correct the bills. Thus you have brought this fact to the notice of MC.
Hence, lodge FIR as soon as possible. Don’t waste time in moving complaints or applications to the society registrar for taking legal action towards false billing.
My boyfriend refuses to marry after 11 years of relationship. After 11 years of relationship my boyfriend refuses to marry. My boyfriend and I have been in a love relationship for 11 years. I even fought for him with my parents for him. I'm with him in all his ups and downs. He made me believe about our marriage, kids and future plans. Now that I have waited for him for 11 years he is refusing to marry me as our parents are against our marriage. Now I cannot imagine my life without him and cannot marry anyone else.
I told him that I cannot marry anyone else, his reply was that he will marry according to his parents whoever they show. My family is also against me as I supported him all the time from 11 years. I cannot live without him because I am emotionally drained. I want to marry him. How to make him agree for marriage? Can I take any legal actions against him and agree for marriage with me as I have his messages and our photos with me?
You have been emotionally attached to him. But he is not as such. In these circumstances you cannot compel him to marry. He is, however, playing with your emotions but he did not commit any offence. There was no agreement at the beginning of the relationship that marriage would be the consideration for our relations. Hence, you cannot initiate legal action against your boyfriend that he refuses to marry.
You both are major and have the capability to understand the consequences of this kind of relationship. However, he is refusing to marry and saying that his parents will decide this matter but it does not constitute any offence. He is not doing wrong unless there is deception behind sexual relationship.
Legal action when boyfriend refuses to marry
Deception or false promise to marriage for sexual relationship is an offence. He has committed rape if he made false promise to marriage only for establishing sexual or bodily relations with you. Rape is an offence punishable under Section 376 of the Indian Penal code.
For the offence of rape you have to prove that he had obtained your consent on the false promise of marriage. If you fail to prove that you did not know that his promise is false then no offence is made out. He can absolve himself from the offence of rape.
The facts of your case suggest that there was no sexual relationship between you. Hence, your boyfriend did not commit rape. It is, however, not easy to wipe out all the memories but you cannot take legal action against him for refusing to marry.
Don't involve yourself in unnecessary litigation. Avoid filing false first information reports for any cognisable offence. Eventually you have to prove your case otherwise another legal liability will arise against you.
My boyfriend is in relationship with me for 6 years. Now he is not marrying me.
Asked from: Madhya Pradesh
I'm sorry to hear that you're going through this. It's understandable that you're feeling frustrated and confused about your relationship. However, it's important to remember that you cannot force someone to marry you if they're not ready or willing to do so.
It's important to have an honest and open conversation with your boyfriend about your concerns and your future together. Ask him directly about his reasons for not wanting to marry you and try to understand his perspective. Perhaps there are underlying issues or fears that are causing him to hesitate. However, if he is unwilling to discuss the matter or continues to avoid the topic, it may be a sign that he is not committed to the relationship and it's time to reassess your priorities.
Ultimately, you need to prioritize your own happiness and well-being. If marriage is important to you and your boyfriend is unwilling to commit, it may be time to move on and find someone who shares your values and goals. It's important to surround yourself with people who respect and value you, and who are willing to invest in a healthy and fulfilling relationship.
Stepmother can claim right to residence in uncle’s home after death of father. My father died of covid. After that my step mother is claiming the right to residence and share in my uncle’s home. Where she used to live with my father. Can she get right to residence in my uncle’s home and get order of right to residence under domestic violence act? She lived in the seperate portion of the uncle’s house and we all had separate kitchens.
Your stepmother can claim the right to residence in your uncle’s home. Because, your uncle’s home comes under the meaning of shared household. Section 2(s) of the Domestic Violence Act defines a shared household for the purpose of domestic violence.
An aggrieved person can seek remedies under the D. V. Act if she has been facing domestic violence in the shared household. Your stepmother can claim right to residence in your uncle’s home because it is a shared household.
Section 2(s) does not indicate that a shared household shall be one which belongs to or taken on rent by the husband. If the shared household belongs to any relative of the husband with whom in a domestic relationship the woman has lived, the conditions mentioned in S.2(s) are satisfied and the said house will become a shared household. [Satish Chander Ahuja v. Sneha Ahuja AIR 2021 SC (CIVIL) 1]
In Satish Chander Ahuja v. Sneha Ahuja AIR 2021 SC (CIVIL) 1 the Supreme Court has held that shared household includes such a household whether:
- A shared household means a household where the person aggrieved has lived or at any stage has lived in a domestic relationship either singly or along with the respondent.
- Owned or tenanted either jointly by the aggrieved person and the respondent and owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and
- Includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
This is your uncle’s house and your stepmother has been living there with her husband for some permanency. However, it is not a joint family property but it is a shared household under the D. V. Act. Hence, your stepmother can claim right to residence in this house.
Also read: Residence order under Domestic Violence Act
My wife has filed false FIR under Section 498A/406 IPC. Section 3 & D P Act, against me and my old aged ill widow mother. I am the only child and my wife and her parents are hell-bent to take divorce. She wants to remarry. Hence they told me they will withdraw the cases. If I sign mutual divorce papers but I don't wish to give divorce. I still wish to sit and talk. I I want to sort out all the issues unlike them.
My wife has done 498a,406,dowry and she wants a mutual divorce. She is reluctant to go for contested divorce as I am not willing to give her divorce. I won't because I wish to sort out issues and cohabit with her. I could not stay with her much after marriage as I worked out at sea. Was giving exams from Kolkata and used to stay with my old aged ill widow mother. We got married in 2018 and she took a transfer from Kolkata to Bombay and is working there. I last stayed with her in July 2020 for 2 weeks . Then from Nov 2020 she is not allowing me to come to Bombay after I had a fight with her over ph.
She used to tell me that I will call the police if u come. She behaved very arrogantly with me over phone and hurled abuses at my mother too..but then things cooled down and we started speaking last year and then also she did not allow me to go to delhi. I was on ship when she suddenly came to our house in October and went back after 2 minutes and threatened to file cases if I don't give divorce and went and did fir.
I got the police notice in Dec end..IO also knows that she wants divorce but I am not ready to give and that's why she has filed all these false cases. I am trying to contact her saying that I still want to stay with you and sort out the matter but she is not responding back..Do I need to give her maintenance to my wife in case she filed a false FIR and leaves her job and if she files for contested divorce? After taking bail, can I go to my work place as ours is a contractual 3-4 months job unlike hers?
Can I go and talk to her parents at Kolkata although they are also vindictive in nature and can call the police..pls suggest. I repeat I don't wish to give her divorce even my wife has filed false FIR. I wish to sort out all misunderstandings, miscommunication by reconciliation and mediation where they are hell-bent to go for divorce. kindly advice.
You should file a case in the High Court for quashing the criminal cases. She has filed cases out of the matrimonial acrimony. The allegations have no field hence, it is a false FIR. Your wife has filed this false FIR for mounting pressure for mutual consent divorce.
You should also pray in the quashing petition to transfer the case for mediation. In the mediation proceeding you can settle the matter out of the court. It is not necessary for you to be ready of divorce in the mediation proceeding. But you can try to settle the dispute and convince her to resume matrimonial obligations. Settlement of dispute is a good ground for quashing of 498A.
Mediation is an effective alternative dispute resolution strategy. It is important in cases arising out to family and matrimonial disputes. Mediation provides an opportunity to resolve disputes between the parties through non-coercive and consensual process. It not only saves time but it also diminishes the enmity between spouses to cool down their estranged relationships.
She has no grounds to institute criminal cases. When mediation fails the court will consider the stance of spouses for taking further decisions in quashing the petition. If the High Court finds or satisfies that no offence is made out against the accused (you) then it may quash the false FIR.
I want to know what is the limitation period for filing a letter of administration in the Indian Succession Act? My father died in 2013. He had made a Will which was unknown to us. Recently his friend has informed us about Will and has advised to file a letter of administration. When we filed the case for administration of the estate, the court fixed a date for the hearing limitation matter. The court has said that our application is time barred hence, it will foremost decide the matter of limitation. Sir please suggest how we can protect our case which is time barred?
Limitation period for letter of administration: The Indian Succession Act does not provide any period of limitation towards application for letter of administration. Hence, the Indian Limitation Act 1963 will regulate the limitation periods pertaining to proceedings under Succession Act. Article 137 of the Limitation Act will apply in your case and the period of limitation for filing a letter of administration is three years.
In Kunverjeet Singh Khandpur vs Kirandeep Kaur and other, (2008) 8 SCC 463 the Supreme Court has held that:
Since the Act (Indian Succession Act) does not provide a limitation period hence it does not mean that there is no period of limitation in regard to matters concerning grant of probate or letters of administration. The limitation period will be decided according to Article 137 of the Limitation Act.
The period will start when you have the right or become entitled to seek a letter of administration from the court. You have accrued the right to administer your father’s property as his legal heir on the death of your father. Your father died in 2013 thus, the limitation period was last upto 2016.
Condonation of delay
Consequently, your application for granting a letter of administration became time barred as per the provision of Article 137. But Section 5 of the Limitation Act empowers the court to condone the delay if the person has some valid ground for not filing the case within time.
This section will also on the proceeding for letter of administration. The existence of Will was unknown to the legal heirs. Recently you came to know about it. Thus you can take a plea that due to being unaware about the existence of a will, you cannot initiate proceeding under Section 213 Indian Succession Act within time.
The letter of administration is filed under Section 213 of the Indian Succession Act. Section 213 is read as follows:
No right as executor or legatee can be established in any Court of Justice unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of an authenticated copy of the will annexed.
If the court satisfies that you have a genuine ground then it may extend the period of limitation and admit your case for granting letter of administration.
Also read: How to get succession certificate?
My sister in law is forcing me to vacate my house whereas I am the owner of this house. I built this house out of a home loan. I have to move from my house since I was blessed with a baby girl for the 2nd time. My sister in law provoked and manipulated my mother in law and forced me to move from my house. We constructed that house by taking a home loan. My sister in law has been staying in my house for the past 2 years. Now I am blessed with another baby girl. We can't afford expenses and asked for rent. She is not ready to pay rent or vacate the house. In this scenario what can I do?
You are the owner of this flat hence, your sister in law cannot force you to vacate the house. Your sister in law is living with you in your home. You can send a legal notice for eviction from your home. If she does not follow the notice you should lodge a complaint for criminal trespass and criminal intimidation.
Protection order
You should seek a protection order from the Judicial Magistrate under the Domestic Violence Act. If your husband is a co-owner then you should lodge a complaint under Section 12 for domestic violence from your in-laws. You can seek a protection order thereby restricting your sister in law to enter a portion of your house where you are living.
You are an owner of this house hence, you cannot seek residence order and alternative accommodation under the Domestic Violence Act. If your husband is a co-owner in this house, you still have the right to evict your sister in law from this home.
No one can compel you to leave this house because it is not a shared household under Section 2(s) of the Domestic Violence Act. Even your husband cannot exercise such a right.
Tounting and mental torture because the birth of a second girl child is an act of violence. This kind of act constitutes mental and psychological abuses as defined in the Domestic Violence Act.
Lodge a Complaint
You should contact a protection officer of your city and lodge a complaint under Section 12 of the Domestic Violence Act. Your sister in law without any right forcing you to vacate your house. If you have no information about the name of the protection officer you should file a complaint in the Mahila Thana of your city. The SHO of the Mahila Thana will transfer your case to the Protection Officer (PO).
The PO will investigate your case and prepare a report. He will submit that report to the Judicial Magistrate of First Class for taking cognisance. When the Magistrate takes cognizance he will issue a summons to your sister in law to appear in the court. If the Magistrate satisfies from the facts that the act of domestic violence has been committed then he can pass any suitable order to protect you from such an incident.
Can the wife claim right to live in a matrimonial home? My mother in law and her relatives maliciously threw me out of the matrimonial home and convinced my husband to divorce me. I somehow managed to return to the matrimonial home after 2.5 months but since then my mother in law and husband have been trying to throw me out somehow. I am unable to step out for fear that they would not let me return home. They have left me alone without giving me main door keys and living somewhere else. What protection can I get to stay in my matrimonial home? If I file dv, will I end up getting alternate accommodation or can I claim the right to live in a matrimonial home?
Legally married has the right to stay in her matrimonial home. If she is being subjected to cruelty or violence in the matrimonial home she can seek residence order from the court. The court will secure peaceful residence by passing an order under Section 18 of the Domestic Violence Act.
You are facing domestic violence and have sufficient evidence to prove it. An aggrieved person is entitled to claim residence order under the D. V. Act. If the court finds that living in a matrimonial home is unsafe then it can direct your husband to provide alternative accommodation. In Aishwarya Atul Pusalkar v. Maharashtra Housing and Area Development Authority AIR 2020 SC (CIVIL) 3000 the Supreme Court has held that
A married woman is entitled to live, subsequent to her marriage, with the rest of her family members on the husband's side. The Protection of Women from Domestic Violence Act, 2005 has recognised the concept of 'shared household' in terms of Section 2(s) of this statute. A Magistrate having jurisdiction under Section 19 of the said Act is empowered to pass a residence order to protect a victim of domestic violence from being removed from her shared household.
Thus your husband and in-laws cannot remove you from the matrimonial home which is also a shared household within the meaning of section 2(s) of D.V. Act.
You should file a complaint under Section 12 of the D.V. Act and claim relief under Section 18 & 19 of the Domestic Violence Act. It is necessary for you to secure residence in the matrimonial home. You are a victim of domestic violence. Thus the court will direct the opposite parties i.e. your husband and in-laws to provide you a safe place in the matrimonial home or a rented place in the same vicinity.
Right to live with dignity is a fundamental right hence, wife can claim the right to live in a matrimonial home under Section 18 of D V Act. The provisions of Domestic Violence Act secured this valuable right of women. The Act empowers the Magistrate to pass suitable order for securing safe place of residence for the aggrieved person.
I want to know that a tribal can regain his land from the non-tribal person who is not doing anything on my land? My grandfather had sold land to a non-tribal person in 1969. That non-tribal person has not been using the land since 1969. We did not know about the sale of the land because that said land has been left barren. When I started fencing off that land for installing a small project then the non-tribal person came and opposed it. Then we came to know that my grandfather had sold this land to him. After the quarrel they filed a criminal case against us and the police officer warned us to not go on that land. We moved a petition in the High Court and got an arrest stay. My grandfather never disclosed that fact to us that he had sold the land. The non-tribal person and my grandfather were good friends. I think that he had mistakenly or deceitfully transferred this land from my grandfather. We are helpless, please guide us.
You are not sure about the title of the said land. Hence, you should confirm its status from the revenue department. The record of rights i.e. khatauni will give some clarity towards the possession and transfer of that land. Therefore, you apply in the Tehsildar’s office for providing certified copies of records of rights from 1965 to 1975.
You have said that your grandfather had sold this land in 1969. So, the fact about the transfer was entered by the lekhpan in the record of rights. The khatauni of subsequent years will reflect the name of the transferee (the non-tribal person).
If the record of rights does not show the name of the transferee it means that your grandfather did not sell this land. You are still the owner of this land. Hence you can file a declaratory suit for declaration of your right in the said land.
Restoration of land from non-tribal owner
When the khatauni shows the name of the transferee as owner then you should file an application in the court of collector for restoration of land. The non-tribal transferee has not been utilising this land for non agricultural purposes since 1969. Whereas, Section 4 of the Maharashtra Restoration of Land to Scheduled Tribe Act 1974 mandates that the transferred land must be used for non-agricultural purposes till 1974. Tribal can regain his land under Section 4 of the aforesaid Act 1974.
Also Read: Land acquired by Collector
The owner of this land has left it as barren land. Therefore, you are entitled to restore your name. Your grandfather has died hence, the land will go to his legal heirs. The limitation period for filing of application under Section 4 has lapsed. But you can invoke Section 5 of the Limitation Act for the condonation of delay.
You can take a plea that in 2021 you came to know that the said land had been sold by your grandfather. Hence, the fresh limitation period will start from 2021. The court will condone the delay and may admit your case.
