Thursday, 8 August 2013

[www.keralites.net] What to do if a tenant refuses to vacate rented property?

 

 
When it comes to the relationship between a property owner and a tenant, it's best to be safe than sorry. Yet, hasty decisions, cutting corners and blindly trusting brokers are the reasons for many a legal battle waged by landowners against rogue tenants. Take the case of Mumbai-based Merlyn D'Souza.

In 2008, she relied on a broker to lease her second home at Nahur, Mumbai. "The family seemed decent and I thought it was completely safe to rent the property. However, my worst fears came true when the tenant refused to vacate the property after completing the year-long tenure," says the 37-year-old. She could not approach the police since it was a civil matter. So, D'Souza was advised to approach the courts, and was told that the property would be vacated only if the judgement was in her favour. Fortunately, D'Souza was saved a long legal battle when one of the local, influential brokers intervened and helped her settle the matter.

Exercising caution at the time of renting one's property is the only way to avoid being in the situation that D'Souza, and many others like her, find themselves in. Here are the dos and don'ts that home owners must follow to ensure that their property is in safe hands.
Conduct background checks
It is important to check the antecedents of a potential tenant before signing the paperwork. You can ask for a reference certificate from the tenant, and also enquire from his previous landlord. Make sure you ask for a valid permanent address since it may be useful if you need to track down the tenant. Lastly, check his office address and carefully go through the documents submitted.
Police Verification
A background check is not enough; you need the official nod from the police. Indeed, tenant verification at a local police station is mandatory for landlords. Ignoring this step is a punishable offence under Section 188 of the Indian Penal Code. In Delhi alone, 49 cases were registered in July 2013 against errant property owners and their tenants.
The landlord simply needs to fill in the details of the tenant in the police verification form (available online in several states). This has to be submitted, along with the tenant's photo and copies of documents, such as PAN card, lease agreemnt and address proof, at the local police station. This reduce the risk of having tenants with a criminal background. A copy of this certificate needs to be submitted to your housing society office too.

Registering the lease agreement

If you are renting your property for a few months, a lease agreement is not mandatory, but it is for leases of over 11 months. This document contains details like tenure of the agreement, rent payable, deposit amount, any clauses that may result in cancellation of the agreement, and applicable penalty in case the tenant refuses to vacate. If you are planning to rent the property for more than a year, it is mandatory to get the lease agreement registered. This offers a layer of security to the landlord in case the tenant refuses to vacate or pay rent.
 
When it comes to the relationship between a property owner and a tenant, it's best to be safe than sorry. Yet, hasty decisions, cutting corners and blindly trusting brokers are the reasons for many a legal battle waged by landowners against rogue tenants. Take the case of Mumbai-based Merlyn D'Souza.
In 2008, she relied on a broker to lease her second home at Nahur, Mumbai. "The family seemed decent and I thought it was completely safe to rent the property. However, my worst fears came true when the tenant refused to vacate the property after completing the year-long tenure," says the 37-year-old. She could not approach the police since it was a civil matter. So, D'Souza was advised to approach the courts, and was told that the property would be vacated only if the judgement was in her favour. Fortunately, D'Souza was saved a long legal battle when one of the local, influential brokers intervened and helped her settle the matter.
Exercising caution at the time of renting one's property is the only way to avoid being in the situation that D'Souza, and many others like her, find themselves in. Here are the dos and don'ts that home owners must follow to ensure that their property is in safe hands.
Grounds for Eviction
A landlord can ask the tenant to leave if he has completed the tenure as per the lease agreement. Other valid grounds are refusal to pay the rent or indulging in unlawful activities on your property. You can demand eviction if the tenant has sub-let a part or all of your property without your permission. Unfortunately, due diligence in selecting a tenant and an iron-clad lease agreement are no guarantees against legal hassles with rogue tenants. So what is a landlord to do in such cases?
Approach the designated authority in your state: According to Rajan Hiranandani, a Mumbai-based real estate advocate, under the Rent Control Act, every state government has appointed a competent authority to oversee disputes related to rented property within its borders. So a landlord is free to approach this body. "He should carry with him all the registered documents since these can add strength to the case. The authority then listens to both the parties and arrives at a decision," he adds. This process could take 5-6 months.
As mentioned earlier, approaching the local police will not help. "The police can only intervene if the tenant is involved in an illegal activity. It has no jurisdiction if the tenant refuses to vacate the premises or pay rent," points out advocate and property expert Vinod Sampat. This is also true in case of a housing society. "The police can, of course, act once the judicial order arrives in favour of the landlord and the court orders the tenant to vacate the property," adds Sampat.
Approach the civil court: In case either party is not happy with the decision given by the state competent authority, he may approach the small cause or city civil court. "There is no fixed period to sort things at this level. The case may go on for a year or two before the final decision is taken. If the judgement fails to satisfy both the parties, the high court can be approached," says Hiranandani.

The one thing a landlord must refrain from doing is opting for strongarm tactics. Trying to vacate the tenant through use of force is illegal. "It is also not advisable to shut off utilities like electricity or water connection in order to compel the tenant to vacate the property," says Ravi Goenka, a high court advocate at Goenka Law Associates.Source: Economic Times
Best Regards
Prakash Nair
Certified Personal Financial Advisor (CPFA)

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[www.keralites.net] Thesis on Whiskey

 

1. Whiskey is low-carb and fat-free, so your thighs will thank you.

One shot has zero fat and .04 carbs, guys…so you can wear your skinny jeans and drink a highball too.

2. The word whiskey means "water of life."

Whiskey comes from the Gaelic word "Uisge Beatha," which means "water of life." That phonetically became "usky," and eventually was pronounced as "whiskey." Drink that water, friends!
KABHI ISKEY KABHI USKEY.........

3. In frontier country, whiskey was as valuable as gold.

In 18th century Pennsylvania, the favored currency was whiskey — which was used for cooking, medicine, and drinking, among other things. That whiskey loyalty would eventually lead to the 1794 Whiskey Rebellion, where farmers fought against the taxes that threatened their liquor livelihood. That's a fight worth fighting, if you ask me.
IN THE INDIAN ARMED FORCES WE STILL USE AS A CURRENCY MANY TIMES....

4. Whiskey can help prevent cancer.

In 2005, Dr. Jim Swan, speaking at the EuroMedLab conference in Glasgow, said, "Research has shown that there are even greater health benefits to people who drink single-malt whiskies. Why? Single-malt whiskies have more ellagic acid than red wine."
That ellagic acid, also found in most fruits, is an antioxidant that may absorb rogue cancer cells in the body. More research needs to be made to make this conclusive, but let's drink up and hope Dr. Swan is correct.

5. Drinking whiskey can lower your risk of having a stroke.

To be clear, drinking large amounts of alcohol is related to a higher incidence of stroke. However, if you can master the art of moderate consumption — meaning one drink a day — that may provide protection against an ischemic stroke. In fact, having one drink per day is better than no drinks per day when it comes to protecting against ischemic stroke.

6. It also may reduce your risk of developing heart disease.

A 1998 study found that a big shot of whiskey can help protect against heart disease, and boost the body's defenses against disease by raising the body's level of antioxidants.

7. Drinking one to six glasses of whiskey a week can lower an adult's risk of dementia.

A 2003 case study with the Beth Israel Deaconess Medical Center found that the odds of incident dementia were lower among those adults who consumed moderate alcohol, rather than none at all!

8. Hillary Clinton chugs whiskey on the regular.

And we all wanna be like Hil.

9. Winston Churchill drank whiskey and water for breakfast…and lead a nation through World War II.

The whiskey soda washed down his eggs and cigar, naturally.

10. And Jack Donaghy uses it to help him rule over Kabletown.

11. Oh, and did I mention that Mark Twain was a big fan?

12. A closed bottle of whiskey will be good for 100 years.

And after you open a bottle of whiskey, a half-full bottle will remain good for five years.

13. Drinking whiskey is the American thing to do; Tennessee and Kentucky are two of the world's primary whiskey-distilling regions.

Bourbons like Maker's Mark and Wild Turkey are made in Kentucky, while Tennessee is home to Jack Daniel's.

14. There are over 5,000 types of single-malt whiskey, and they're not going to try themselves.

We all have a lot of drinking to do.

15. Whiskey might be the smartest investment you'll ever make. Probably.

Unlike wine, whose taste deteriorates in the bottle, the fact that whiskey lasts almost forever means its value can appreciate in a big way. So, instead of that 401k plan, just buy a couple of rare bottles and watch their value soar! (It's a whole lot more fun that way too.)

16. George Washington, the father of America, also founded one of the country's largest whiskey distilleries..

So whiskey-drinking is basically in the Constitution.
After his term as the first president of the United States ended in 1797, Washington'sScottish farm manager encouraged him to build a whiskey distillery. It was the largest of its kind in America, producing 11,000 gallons of whiskey in 1799.

17. Whiskey was originally crafted only by monks, making it a holy spirit.

(LOL, SPIRIT, get it?) That practice changed in 1541, when King Henry VIII dissolved all of their liquor-ridden monasteries. Poor sober monks.

18. Cold is no match for whiskey; even below-freezing temperatures won't freeze it.

Nothing proved that more than when a crate of 100-year-old whiskey was unearthed in Antarctica. And even though it suffered through the -30 Celsius temperatures, the bottles and liquor were all in great condition.

19. Whiskey is measured in "fingers" — your body is the only pouring tool you need!

 
To measure out whiskey, all you have to do is hold your finger horizontally against the glass and pour out a finger's width. Or two, if you're feeling frisky.

20. Did I mention that whiskey looks GREAT on bars?

21. Especially if it's served with a bacon garnish.

22. But let's be honest: The very best reason to drink whiskey is because it's delicious.



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[www.keralites.net] Khatte-mitten khabhrain from around the world for 8/8/13

 

 
- Flattery, pure and adulterated. This is the first and this almost always works, or at least creates good impression, because human beings' craving for appreciation, admiration and applause is universal. A word of good always does a world of good to lift your spirits.
- Promoting oneself by highlighting one's own qualities, of course vastly exaggerating, to impress ingratiate himself/herself to the customer to the person s/he has taken a fancy for.
- Foul-mouthing and running down a rival or a competitor, who may have the prey in his/her jaws (or on the verge of acquiring it) or who may have a better product and snatching it away by hook or by crook. It's like hitting one below his/her belt.
- Incentives thrown as baits to lure the prey or customer – it could be in cash or kind like entertaining him/her at fine restaurants or theatres or sexual favours.
 
Guard yourself against anyone trying to ingratiate himself and curry favour with you by denigrating another. It is impossible for anyone to judge one's character by looking at his/her picture, and if anyone says s/he can, then s/he is a fake.
 
A couple of months ago some wise guy did hit me below the belt, bad-mouthing me to a common friend, and I at once unfriended him.
 
**
 
TOI headline today…
 
RBI gets a world-class economist as governor
 
And the paper has devoted a whole page on him.
 
(Me: We have this habit of bragging about ourselves – international, Olympians, etc, and the paper calls itself WORLD'S LARGEST CIRCULATED! The media men or the others in the West hardly do this kind of blowing their own trumpet. If Raghuram is good enough in his job as the central bank governor, his work will speak for itself. Anyways, one would think that the policy guidelines on bigger issues are laid down by the finance ministry after endless haggling with its coalition partners and the opposition and all that he might be able to do is tweaking it here and there. Furthermore, if the country is to get out of its rut and the rupee salvaged, manufacturing and farming sectors should boom, exports vastly increase, FDIs pour in…
 
Some gem quotes from him… Not that our discerning countrymen already don't know them…
 
On population dividend: "We keep talking of the population dividend. If we give them all this 0 infrastructure, education, health and financial inclusion – they are part of the population dividend. But if we don't give them all this, they are part of the population curse
 
On govt. efficiency: "A poor country cannot afford a govt that doesn't work. Much of our government doesn't actually work. This is not a blanket statement, there are lots of parts which work, but we tolerate many parts that don't and we need to subject them more to competition of the people who are ostensibly being served.
 
**
 
Bobby: Do you know what the bee said to the flower?
 
Ron: No idea. What?
 
Bobby: Hello honey!
 
**
 
Man to wife, both fiddling with their cell phone handsets: "We're paying for unlimited texting. If we talk to each other, it's just throwing money away!"
 
**
 
The way to do is well to do well!
 
**
 
From the world of science…
 
While veggie shopping, pick locally grown vegetables over exotic ones to make sure that you get maximum nutrients and least preservatives.
 
**
 
If you don't ea fish, include walnuts, broccoli, and spinach in your diet to get your dose of omega 3 fatty acids.
 
**
 
Raw garlic can halve lung cancer risk…
 
Eating raw garlic twice a week can nearly halve the risk of developing lung cancer, even lowering the danger for smokers by around 30%, a new study published in the journal Cancer's Prevention Research.
 
**
 
Sleep loss may cause junk food cravings: study.
 
A sleepless night can make you crave for junk food.
 
**
 
Weird world…
 
US man saws off hands…
 
A California man is accused of stabbing his father with scissors before using a power saw to cut off his own hands. Jason D, 27, pleaded not guilty Monday to an attempted murder charge for the attack on his father. He appeared in court with his hands reattached but heavily bandaged.
 
**
 
Brazil teen shoots parents, gran, aunt then attends school.
 
The 13-year-old, who wanted to become a hitman, spent the day on campus, then went home and shot himself; his father and mother were both cops.
 
**
 
Panesar fined for peeing on bouncers…
 
English cricketer Monty Panesar has been fined 153 pounds (Rs.15,000) for urinating on bouncers in drunken state following a brawl at a club in England.
 
**
 
Unemployed CA jumps to death from Charkop (a Mumbai suburb) bldg..
 
A 34-year-old unemployed chartered accountant jumped to his death from a six-storey building in Charkop Wednesday.
 
(Me: So, one can imagine how grave unemployment situation even in the commercial capital of the country is…)
**
 
Mumbai: TB plan gets hi-tech with Rs.42 crore push from Bill Melinda Gates Foundation.
 
(Me: Not a crowning glory for a country that often flaunts its cutting edge IT tech..)
 
**
 
Tweet of the day quoted in Mumbai Mirror: "@sidin: LOL Sabha and Hasya Sabha"
 
**
 
"A public office is not a job, it is an opportunity to do something for the public" – Franklin Knight Lane
 
(Me: that's purely a personal opinion of a foreign national and applicable to his country)

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