What is Probate - 9884336772

When someone dies and leaves property, money and possessions – their estate – you need to sort out who gets what. To do this you need what is known as a 'grant of representation'. This proves your authority to administer the estate. What form this takes will depend on whether a will has been left. If the deceased left a will and appointed an executor (sometimes more than one executor is named), that person will need to get what is known as a 'grant of probate'. However, if there is no will, the next of kin apply for what is known as a 'grant of letters of administration'. The process of applying to the court for the grant and the document you use to manage the estate is often generically referred to as 'probate' – for the sake of this guide and simplicity, this is the term we will use. Probate is the same for everyone in India, but if you live in metropolitan cities it's called 'confirmation'. Put simply, and in order, the executor's job and the process of dealing with probate involves: Gathering any assets, eg, money left in bank accounts Paying any bills Distributing what's left according to the will.

 The Author Bobby Portia Alex is the leading Probate Advocate in Chennai. You can talk to the top property lawyer, top probate lawyer for free 15 minutes @ 9884336772. 

Queries about Top Probate advocate in Chennai, leading property in Chennai, advocate for will, advocate for probate. Daniel & Daniel Advocates.

On what grounds a Tenant can be evicted

The land lord can vacate the tenant from his premises according to  provisions  of Tamilnadu ( Lease and Rent COntrol ) Act which runs as follows:-

 A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application, is satisfied-

1.The tenant has not paid or tendered the rent due by him in respect of the building, within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable, or

2.The tenant has without the written consent of the landlord-

(a) transferred his right under the lease or sub-let the entire building or any portion thereof if the lease does not confer on him any right do do so, or

(b) used the building for a purpose other than that for which it was leased, or

3. The tenant has committed or caused to be committed such acts of waste as are likely to impair materially the value of utility of the building, or

4.The tenant has been convicted under any law for the time being in force of an offence of using the building or allowing the building to be used for immoral or illegal purposes, or

5.The tenant has been guilty of such acts and conduct which are a nuisance to the occupiers of other portions in the same building or of buildings in the neighborhood, or

6.  where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuos period of four months without reasonable cause, or

7.The tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bona fide, the Controller shall make an order directing the tenant to put the land lord in possession of the building and if the Controller is not so satisfied, he shall make an order rejecting the application:

In any case falling under above provisions if the Controller is satisfied that the tenant's default to pay or tender rent was not wilful, he may, notwithstanding anything contained in Section 11, give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the rent due by him to the landlord upto the date of such payment or tender and on such payment or tender, the application shall be rejected.

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How a Tenant can Protect himself from Forceful Eviction

Often when a tenant has welshed on a deal, he/she can be forcefully evicted from the property by the landlord. But what if the tenant, for no fault of his, has been asked to vacate the property within a stipulated period of time even though the period of tenancy is still not over. Sometimes a landlord could additionally default on his/her contractual obligations stated in rental agreement.

One of the most important rights offered to tenants is the right to protection from an eviction without just cause. The rent control act specifies some grounds under which alone a tenant can be asked to vacate the premises. As a tenant, you can plead protection if the landlord attempts to evict you from the premises for any reasons apart from the those stated under this act.

f a landlord attempts to force you out of the property in which you reside, then you have the right to approach civil court and seek an injunction from the court. However, very often landlords can be quite clever when trying to evict tenants. For example, a landlord has the right to evict a tenant if the tenant does not pay rent for at least one month. Landlords could attempt to evade rental fee by creating ruses and then charge the tenant for non payment of rental fee

Lease and Rent Control act dictates that a tenant take the following steps in case the property owner fails to accept monthly rent.

1) If the landlord refuses to accept rent, the tenant must issue a notice to the landlord asking him to provide a bank account number where the rental fee can be credited. The notice period for provision of this information should be less than 10 days. This notice must clearly state the option being exercised by the tenant and that the tenant is unable to contact the landlord for payment of rent. This letter must be sent to the landlord through a registered post with acknowledgment due.

If the landlord provide the bank account number, then you should deposit the rent in the said bank account. However, if the landlord does not respond to the notice, then you should proceed to the second step.

2) Next, the tenant must send the rental amount to the landlord through money order. As a tenant you should also retain the money order receipt/coupon as evidence in case of further problems. If the landlord accepts the money order, then future payments of rental receipts can be made through money orders. However, do note that the money order commission can be deducted from rental amount according to law.

However, if the property owner refuses to accept or acknowledge the receipt of money order, then you must follow the third step.

3) The tenant must file a case in the civil court and obtain court's approval for submitting further rents into the court.

However, do note that you should follow all these steps perfectly without any delays between any of the above mentioned steps. Any deviation could lead to problems for you in case the landlord files a case for eviction on grounds of non-payment of rent.

Another way by which landlords evict tenants is by cutting off the electricity and water supplies within the premises. This often puts the tenant in a highly unenviable position. In such cases, you can approach the civil court with an appeal to restore the cancelled amenities. The landlord will have to comply with the court order.

These are some ways in which a tenant can evade unreasonable eviction from a rented property.
File Injunction suit and obtain stay from civil court to prevent the landlord illegal eviction.

For Details :- Mrs.Bobby Portia Alex ( Advocate & Legal Consultant for Land Problems)

Helpline @ 9551716256
Daniel & Daniel 24*7 Helpline:- 9962999008

Can a Landlord claim or receive anything in excess of fair rent or an agreed rent

Where the Controller has fixed, or refixed the fair rent of a building the landlord shall not claim, receive or stipulate for the payment of any premium or other like sum in addition to such fair rent but for the reasons specified above. The landlord may receive, or stipulate for the payment of, an amount not exceeding one month’s rent by way of advance.

Any premium or other like sum or any rent paid in addition to, or in excess of , such

fair rent, whether before or after the date of the commencement of this Act, in consideration of the grant, continuance or renewal of the tenancy of the building after the date of such commencement, shall be refunded by the landlord to the person by whom it was paid or at the option of such person, shall be otherwise adjusted by the landlord.

Where before the fixation or refixation of the fair rent, rent has been paid in excess thereof, the refund or adjustment shall be limited to the amount paid in excess for the period commencing on the date of the application by the tenant or landlord

For all your Tenancy Problems

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KANYAKUMARI Helpline:- 9840258557

Tenants can occupy if the building is not demolished

Where an order directing delivery of possession has been passed by the Controller and the work of demolishing any material portion of the building has not been substantially commenced by the landlord within the period of one month in accordance with his undertaking, the tenant may give the landlord notice of his intention of occupy the building the possession of which he delivered. If within fifteen days from the date of receipt of such notice, the landlord does not put him in possession of the buildings on the original terms and conditions, the tenant may make an application to the Controller within eight weeks of the date on which he put the landlord in possession of the building. The Controller shall order the landlord to put the tenant in possession of the building on the original terms and conditions.

 Where in a pursuance of an order passed by the Controller, any building is totally demolished and a new building is erected in its place, all the provisions of this Act shall cease to apply to such new building for a period of five years from the date on which the construction of such new building is completed and notified to the local authority concerned.

Where the tenant denies the title of the landlord or claims right of permanent tenancy, the Controller shall decide whether the denial or claim is bona fide and if he records a finding to that effect, the landlord shall be entitled to sue for eviction of the tenant in a Civil Court and the Court may pass a decree for eviction on any of the grounds mentioned in the said sections, notwithstanding that the Court finds that such denial does not involve forfeiture of the lease or that the claim is unfounded.

But these conditions shall not apply to a tenant whose landlord is the Government. Further, By G.O. Ms. No. 1998, dated 12th August, 1974, the Government has exempted all the buildings owned by the Hindu, Christian and Muslim Religious Trust and Charitable Institutions from all the provisions of the Act. By G.O. Ms. No. 2000, dated 16th August 1976, the Government in supersession and modification of the order in G.O. Ms. No. 1998, dated 12th August 1974 have exempted all the buildings owned by the Hindu, Christian and Muslim Religious Public Trusts and Public Charitable Trusts from all the provisions of the Act. [See Notification at the end]. The religion does not come into the picture with regard to the charitable institution as provided for in the G.O. and in the context of the G.O. the religion has relevance only in relation to religious trusts and consequently the expression “Hindu, Christian and Muslim” will not qualify the expression “Charitable institutions” and will qualify only the expression religious trusts [Suryaprakash Gupta vs. The Madras Piece Goods Merchants Charitable Trust, 93 LW 132 at 134].

For all Your Tenancy Problems

Contact TNKNSangam - Tamil Nadu Helpline:- 7305882083

Remedy for the Tenant when the Land Lord refuses to receive the Rent and asks the tenant to vacate

Where a landlord refuses to accept, or evades the receipt of, any rent lawfully payable to him by a tenant in respect of any building, the tenant may, by notice in writing, require the landlord to specify within ten days from the date of receipt of the notice by him, a bank situated in the city, town or village in which the building is situated or if there is no such bank in such city, town or village, within five kilometers of the limits thereof into which the rent may be deposited by the tenant to the credit of the Landlord.

 It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section.

 If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to deposit in it any rent which may subsequently become due in respect of the building.

 If the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by Money Order, after deducting the money order commission.

 If the landlord refuses to receive the rent remitted by Money Order, the tenant may deposit the rent before the Rent Controller and continue to deposit with him any rent which may subsequently become due in respect of the building.

For all your Tenancy Problems Contact TNKNSangam @ 9962999008

Chennai 24 * 7 Helpline:- 9962999008.

Landlord liable to give receipt for rent or advance

Every landlord who receives any payment towards rent or advance shall issue a receipt duly signed by him for the actual amount of rent or advance received by him. As per Rule 9 of the Tamil Nadu Buildings (Lease and Rent Control) Rules, 1974, the receipt may be in any form but shall contain the following particulars, namely, name of the tenant from whom or on whose behalf the rent or advance is received by the landlord; Amount of rent or advance received; In the case of rent, the rate at which and the period for which the rent is received; The particulars of the building (door number, street name, etc.) in respect of which the rent or advance is paid; The name and address of the landlord by whom or on whose behalf the receipt is given.

For all your Tenancy Problems

Contact: TNKNSangam @ 9551716256

Chennai Helpline:- 9382819082