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I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

- by Ramesh, Bangalore

requirement" while in some other "Need" or "genuine need" or "requires reasonably and in good faith". The meaning thereof is same. Now by and large every High Court and also the Supreme Court has considered it in various cases and ultimately held that; (i) Landlord is the best judge of his requirements. He has complete freedom in the matter. It is no concern of the Courts to dictate to the landlord how and in what manner, he should live or to prescribe for him a standard of his living (ii) Court need not be solicitous and venture in suggesting what would be more appropriate for the landlord to do (iii) The Court should not give gratuitous advice to the landlord, (iv) Need of the landlord should  be  genuine  and honest, conceived in good faith; and that further, the Court must also consider it reasonable to gratify that need; (v) Landlord's desire for possession, however honest it might otherwise be, has inevitably a subjective element in it and that desire to become a requirement in law must have the objective element of a 'need'. It must also be such that the Court considers it reasonable and therefore, eligible to be gratified, (vi) Words "reasonable requirement" undoubtedly postulate that there must be an element of need as opposed to a mere desire or wish. The distinction between desire and need should doubtless be kept in mind but not so as to make even the genuine need as nothing but a desire.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I am residing in the flats in which there are two NTC and one Co-op society. Now one new NTC has been formed for maintaining the flats (for Maintenance Charges) and all the members of the above flats are members of new NTC. I want to know whether in this New NTC any person who is living in the flat with power of Attorney i.e. the actual owner of the flat is ABC and XYZ is living in that flat by virtue of having power of attorney for the flat. Now this XYZ can become a office bearer i.e. Secretary or Chairman or Joint Secretary or any other post in the above New NTC.

Q:- I intend to buy an apartment in Banasavadi, Bangalore.  This apartment was originally booked by an NRI residing in U.K. The proposed sale is from the GPA holder of the said NRI. Upon finalization of deal, the property will be registered by the builder in my name directly as per the agreement between the builder and GPA holder. Please let me know whether should I proceed in the matter? Will there be any legal hurdle upon purchase of this apartment in the manner stated above?

Q:- As our builder failed to construct the parking area, we the allottees have contributed equally and completed it. Now, there is a problem of allocating the parking lot since more than one of us have desire to have a particular parking lot. How should we proceed?

Q:-
Recently my cousin purchased an apartment costing Rs. 21/- lakh.  Out of this, Rs. 6/- lakh was invested by his mother and remaining Rs. 15/- lakh is though Bank loan. When he applied for the loan he made his wife as co-applicant, even though she is not paying her share of EMI. The property is registered in his name. His wife is showing lot of instability in their relationship. He now fears that they might get separated. He doesn’t want the property to go to his wife.
Please advise what he should do so that the property would not go to his wife?


Q:- I am planning to buy an apartment in Brook-field which comes under Mahadevapura CMC. My builder has got the approval for apartment as well as he has paid betterment charges in July 2005. But my builder says they do not have BDA release note and my lawyer is telling if the builder does not have it then don’t buy the apartments. With this circumstance can I be able to register apartment in my name. If yes, how should I go ahead? Please help in this regard.