Construction on rooftop

Construction on rooftop. I have a second story with a rooftop and want to build a one-room set on the terrace, but I'm afraid he'll halt the construction by calling the police or filing a complaint against me. He also filed a civil court case against me for water dampening in the walls and he already knows the problem is coming from adjacent building and not ours. What can i do?

Asked from: Delhi

Upon obtaining the necessary approval from the relevant authority, you are eligible to construct a one-room setup on the terrace, that construction must be in strict adherence to the local building regulations. Any concerns related to a pending civil suit should not cause undue worry. You can construct proposed one-room set flat on terrace if there is no stay order in respect of the property.

In the event of a court-issued stay order concerning future construction, it is advisable to file an application for the removal of the stay. In the context of your case, the water dampening issue is attributed to the faulty construction of an adjacent building and is unrelated to your property. If a stay order has been issued by the court, consider challenging it based on a technical survey.

Obtain a report on the cause of dampening from a reputable civil engineering firm or a company specializing in civil construction. Present this report to the court and request the vacation of the stay order.

You have another option. If court agrees, you can do the same (technical investigation of dampening issue) through the commission appointed by the civil court. Move an application under Section 75 of the Code of Civil Procedure for appointment of commissioner. The court may appoint a technical expert (commissioner) for technical investigation of the building towards dampening issue.

Related: How to stop unauthorized construction

Protecting our family from threats and violence

Protecting our family from threats and violence. My daughter was entrapped by her classmate during graduation. Upon realizing that he is not the right person for her, she decided to end the association. However, the boy persists in sending emails and threatening messages. Disturbingly, he attacked us directly at our home and even damaged our car. He is now threatening to set our house and car on fire, putting our entire family at risk. Please advise us on how we can protect ourselves and resolve this issue. Are there any legal avenues we can pursue for assistance?

Asked from: Uttar Pradesh

You should immediately file an FIR (first information report) for the offence punishable under Section 504/506/427 of the Indian Penal Code. He has committed offence and it is advisable to take legal recourse promptly.

Section 506 of the Indian Penal Code (IPC) addresses the offense of criminal intimidation, where an individual threatens another with the intent to instill fear for their safety, life, or property. The section stipulates that the offender, upon conviction, can be subjected to imprisonment for a term extending up to two years, a fine, or both.

The severity of the punishment depends on the specific circumstances of the case. Criminal intimidation is treated as a cognizable offense, granting the police the authority to make an arrest without a warrant, and it is non-bailable, meaning that bail is not an automatic right and is at the discretion of the court.

The section acknowledges aggravated forms of criminal intimidation, particularly if threats involve causing death, grievous harm, or destruction of property, leading to more stringent penalties.

Section 504 of the Indian Penal Code (IPC) pertains to the offense of intentional insult with the aim of provoking a breach of the peace. Positioned within the category of offenses against public tranquility, the section outlines that individuals intentionally insulting others, with the knowledge or intention that such provocation could lead to a breach of public peace or another offense, may face imprisonment for up to two years, a fine, or both.

The section emphasizes deliberate insults intended to elicit a reaction, with the insult being of a nature likely to incite the person to breach public peace or commit an offense.

Section 427 of the Indian Penal Code (IPC) deals with the offense of mischief causing damage to the amount of fifty rupees or more. This section is invoked when an individual intentionally causes harm or damage to any property, and the monetary value of the damage is fifty rupees or higher.

The provision is a part of the broader category of offenses against property. According to Section 427, the punishment for committing mischief causing damage to the amount of fifty rupees or more includes imprisonment for a term that may extend to two years, or with a fine, or both.

The severity of the punishment is determined by the extent of the damage caused to the property. This section aims to deter individuals from engaging in acts that result in the destruction or impairment of valuable property, providing a legal framework to address such offenses and maintain public order. For more legal help please visit Kanoon India.

Closing fixed deposit when father is not traceable

Closing fixed deposit when father is not traceable. Based on negotiation prior to the divorcee decree, an account of Rs.2.5 lakhs was deposited in FD in the name of my minor daughter by her father (my ex husband) in Syndicate Bank. Now this bank is merged with Canara Bank. The interest of the deposit amount was credited to my account quarterly for her maintenance. Now she is completed 18 years. For her studies we want to close the FD and use the amount. The Canara bank says that her father has to attend for closing the FD. The divorcee was 13 years back and we do not know the whereabouts of her father. Kindly advise what we can do to get the amount. Thanks

Asked from: Telangana

In this situation, you should initiate a civil suit in the court where the divorce was decreed. The fixed deposit was established under the court's direction and with its approval. Consequently, the court possesses the authority to instruct the bank to liquidate the fixed deposit and release the funds to the intended recipient, the girl for whom the fixed deposit was created. Closing of fixed deposit through a legal process is necessary specially when your father is not traceable.

General process about closing of fixed deposit

In India, handling a fixed deposit (FD) when the account holder is not traceable involves several legal and procedural steps to ensure that the bank adheres to regulations and the rightful owner or beneficiaries can claim the deposit. The process of closing fixed deposit is governed by guidelines from the Reserve Bank of India (RBI), the Banking Regulation Act, 1949, and the Limitation Act, 1963.

First, banks attempt to contact the account holder using the provided contact details, including letters, emails, or phone calls. If the account holder remains untraceable for a period, typically one to two years, the FD account is classified as dormant or inactive. If the FD remains unclaimed for ten years from the date of maturity, the amount is transferred to the Depositor Education and Awareness Fund (DEAF) maintained by the RBI, as per the guidelines.

If the account holder is not traceable and the fixed deposit matures, legal heirs or nominees can claim the deposit. Required documents for closing fixed deposit, usually include a death certificate (if applicable), a legal heir or succession certificate, identity proof, and a duly filled claim form from the bank. Sometimes, banks may also publish a notice in newspapers to inform the account holder or heirs about the unclaimed deposit.

Each bank may have specific internal policies towards closing fixed deposit and for handling unclaimed deposits, so it's essential to check with the particular bank for their exact process. Ultimately, the legal framework ensures that there is a clear pathway for rightful claimants to access the deposit, and if no claims are made, the amount is transferred to the DEAF after a specified period. For more legal help please visit Kanoon India.

How can I claim enhancement in maintenance if husband got promotion and receiving higher salary

How can I claim enhancement in maintenance if husband got promotion and receiving higher salary? I am a divorced woman. I have been receiving 15000 maintenance for 10 years. Over the years my maintenance has remained the same. But due to inflation and price rise I am unable to sustain myself. However, my ex-husband who is a professor in a university receives a good sum of money. But still he has not increased my maintenance. I have no children and am not working. How and to whom to apply to increase my maintenance?

Asked from: Uttar Pradesh

In Vinny Paramvir Parmar v Paramvir Parmar (2011) 13 SCC 112; Rajnesh v. Neha,  (2021) 2 SCC 324 the Supreme Court has held that Various factors must be taken into consideration to determine the appropriate quantum of maintenance to be paid. The Court is obligated to consider the husband's standard of living, taking into account the escalating inflation rates and the high costs of living. The awarded maintenance amount should be both reasonable and realistic in light of these considerations.

As your husband has been promoted to a higher position and is receiving an increased salary in response to the rising cost of living due to inflation, you are entitled to corresponding increments in your monthly allowance. 

To pursue this, you must approach the court under Section 127 of the Code of Criminal Procedure. You have the right to claim an enhancement of the quantum of maintenance based on the escalating living expenses and changes in circumstances (increment in salary of husband).

In Rajnesh v. Neha and Anr. (2021) 2 SCC 324, the Hon'ble Supreme Court has held that the Maintenance laws have been enacted as a measure of social justice to provide recourse to dependent wives and children for their financial support, so as to prevent them from falling into destitution and vagrancy.

Therefore, if you are experiencing financial hardship due to the escalating cost of living and find it challenging to maintain a standard of living comparable to that of your husband's, you have the option to seek an increase in the quantum of maintenance under Section 127 of the Code of Criminal Procedure (CrPC).

Additionally, it is advisable to file an application under Order 11 of the Civil Procedure Code (CPC) concurrently with the application under Section 127 of the Code of Criminal Procedure (CrPC). In this application, you should request your husband to submit his salary slip and bank account statement as evidence of his living standard. This will assist in substantiating your claim for an enhanced maintenance amount based on the changes in his financial circumstances.

Upon substantiating the increase in salary, the court is obligated to reassess and adjust the maintenance amount in light of the changed circumstances. Enhancement in maintenance if husband got promotion constitutes solid ground for readjustment of amount of alimony. For more legal help please visit Kanoon India.

Also read:

Tenant wants landlord’s details for drug license

Tenant wants landlord's details for drug license. I am planning to rent my property to a pharmaceutical business tenant who wishes to apply for a drug license. They are requesting my signature, photograph, and other details for the application. Could I potentially face any legal issues in the future by providing the requested information?

Asked from: Uttar Pradesh

If your tenant is requesting these details to confirm their place of residence, you will face no issues in the future. A license can be issued using the local address of the licensee. Before providing these details, it is essential to prepare a rental agreement and undergo police verification. The rental agreement and police verification form are mandatory as they serve as proof that the individual is your tenant and that the premises are temporary.

Additionally, you may obtain an undertaking from your tenant, stating that they will be solely responsible for any issues related to the premises. This step provides extra protection against potential future litigation concerning the address or premises of the licensee. For more legal help please visit Kanoon India.

Related

Can I evict my brother and his wife from my house

Can I evict my brother and his wife from my house? My brother and his wife had been residing with my parents and me since their marriage in November 2022. In November 2023, my mother executed a gift deed, transferring the property to me as the elder son. Presently, I no longer wish for my brother and his wife to continue living in my house. Despite both of them being employed in government services, they have been residing at their respective places of assignment since their marriage. Throughout the year, they have only visited the house on two occasions. Am I legally entitled to file a suit for a permanent injunction to prevent them from entering my property? If so, what legal remedies are available to them in response to such an action?

Asked from: Bihar

As the exclusive owner of the mentioned house, you can evict your brother and his wife from your house. Given the current circumstances, it is recommended to initiate a civil suit for a permanent injunction and a declaration of rights. There exists a possibility that your brother may assert his rights to the house, therefore, making the declaration a crucial step in clarifying ownership and preventing any potential claims.

A declaratory suit, governed by the Specific Relief Act of 1963 in India, serves as a legal recourse for parties seeking a court declaration to confirm their legal rights or status within a dispute. The primary objective of such a suit is to elucidate the legal position or rights of the involved parties without necessarily pursuing additional consequential relief.

This proves particularly valuable in scenarios where uncertainties or disputes arise regarding the legal relationship, status, or rights between the parties. Declaratory relief, granted by the court, extends to various contexts, including contracts, property disputes, family matters, or any situation necessitating a declaration to resolve legal uncertainties.

Prerequisites for filing a declaratory suit include the existence of a genuine and justiciable controversy, with a demonstrated need for a declaration to resolve the issue at hand. Mere apprehensions or hypothetical situations may not suffice as grounds for initiating such legal proceedings.

The court, endowed with discretion, considers factors such as the nature of the dispute, the presence of an actual controversy, and the potential effectiveness of the declaration in resolving the legal issues. Limitations on declaratory suits involve the inability to grant relief when consequential remedies like specific performance or injunction are the primary sought-after remedies.

Additionally, the court may decline declaratory relief if it deems it unnecessary or ineffective in resolving the dispute. The resulting declaratory decree is binding on the involved parties and can be enforced like any other court decree, conclusively establishing the legal rights or status of the parties involved.

In essence, a declaratory suit provides a remedy under the Specific Relief Act to address uncertainties and disputes, offering a means to clarify legal standing without the necessity of seeking further consequential relief. For more legal help please visit Kanoon India.

Related

The cooperative bank has granted a mortgage loan to an individual without the presence of a completion certificate

The cooperative bank has granted a mortgage loan to an individual without the presence of a completion certificate from the municipal corporation. As the completion certificate has not been issued, there is a risk that the bank may lose its claim on the property. Please seek guidance on this matter for appropriate steps to address the situation.

Asked from: Maharashtra

If a bank has sanctioned a mortgage loan for an individual without the existence of a completion certificate from the municipal corporation, several implications may arise:

  1. Legal Risk:
    • The absence of a completion certificate indicates that the property may not have received approval from the municipal corporation, leading to potential legal consequences. It might violate local building regulations and zoning laws.
  2. Security Concerns:
    • The bank's claim on the property may be at risk due to the lack of a completion certificate. The certificate serves as evidence that the construction complies with the approved plans and regulations, providing security to the lender.
  3. Title Defects:
    • Without a completion certificate, there may be title defects associated with the property. This could affect the transferability of the property and impact the bank's ability to enforce its mortgage.
  4. Insurance Issues:
    • The absence of a completion certificate may affect the property's eligibility for insurance coverage. Insurance providers often require compliance with local building codes, and the lack of a completion certificate may lead to challenges in obtaining or maintaining insurance.
  5. Marketability of the Property:
    • Properties without proper municipal approvals and completion certificates may face difficulties in the real estate market. This could impact the resale value of the property and potentially hinder the bank's ability to recover its funds in case of default.
  6. Potential Penalties:
    • Municipal authorities may impose penalties or fines for unauthorized construction or lack of compliance with building regulations. The property owner, and by extension, the bank, may be subject to such penalties.

The requirement for a completion certificate as a mandatory document for loan sanction can vary based on several factors, including local regulations, the lending institution's policies, and the type of loan being sought. Here are some considerations:

  1. Local Building Regulations:
    • In many jurisdictions, local building regulations may mandate the issuance of a completion certificate for properties as evidence that construction work has been completed in compliance with approved plans and regulations. Lending institutions may take this into account when processing loans.
  2. Lender Policies:
    • Banks and financial institutions may have their own policies and risk assessment criteria when determining loan eligibility. Some lenders may require a completion certificate to ensure that the property is legally compliant and poses minimal risk.
  3. Type of Loan:
    • The necessity of a completion certificate may depend on the type of loan being sought. For mortgage loans or home loans, lenders may be particularly concerned about the legal status of the property, making a completion certificate more crucial.
  4. Property Valuation:
    • Lenders often conduct property valuations as part of the loan approval process. The absence of a completion certificate might affect the valuation, potentially influencing the loan amount that can be sanctioned.
  5. Insurance Requirements:
    • Insurance providers may require evidence of legal compliance, such as a completion certificate, before providing coverage for the property. Lenders may consider this factor when sanctioning loans.