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I have leased out my house on a monthly rent of  Rs. 5000/-.  The exact lease period is not set forth and the lease deed is also not registered.  The house was recently constructed and has been leased out just six months back.  Now I need the house for my personal use.  Please advise about the mode of notice to be issued for eviction.

- by Mallappa, Makri Circle

You have informed that the lease period is not set forth and the lease deed is not registered.  In the absence of lease period, the lease is deemed to be a lease from month to month.  Such lease may be terminated by fifteen days' notice; ending on the last day of the calendar month.  The notice should be in writing, signed by the Lessor or his authorised agent which may be sent by registered post with acknowledgement due or may be delivered personally against acknowledgement. The notice period commences from the date of receipt of the notice.  It is advised to issue a notice during the first week of calendar month terminating the lease period on the last day of the month.

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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 purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

Q:- I am Ambika and am working in Bangalore. Here, I booked one flat (and got flat registration based on Undivided land) in Sep-04 which was under construction and expected to be completed in June-06 end. I have paid the gross amount (Flat Value) in 8 installments starting from Sept-04 to June-05 (I am supposed to pay sales tax in last week of June-05) I came to know that service tax is now applicable on Flat purchased from 1st June 05. I am in doubt whether I have to pay service tax or not. Please clear my doubt and let me know whether service tax is applicable or not for those who have booked (and registered) the flat in Sept-04 but flat completion is in June-05. If yes, then how much will be the service tax.

Q:- Are there rules regarding the car park bought by the owner in an apartment complex? In case he does not possess a car can he use the area to store some items?

Q:- Is it ok to purchase a flat which is under CMC-DC converted land or will there be a problem in registration? What are the documents that are needed to be verified?

Q:- I have a 100 feet x 120 feet site allotted to me by BDA at J.P. Nagar area. I want to construct a Multistoried Apartment, is it permissible?