Under the Rent Control Act, tenants have the right to protection from arbitrary eviction and are entitled to a fair eviction process. Landlords cannot evict a tenant without a valid reason and must follow due process, often involving court orders. Tenants also have the right to contest an eviction if they believe it is unjust.
Posted on Jun 27, 2025
While oral tenancy agreements might be considered valid under some Rent Control Acts, it's generally not advisable and can be difficult to enforce in court. Written agreements are strongly recommended for clarity and ease of dispute resolution.
Posted on Jun 27, 2025
No, non-payment of rent is generally not an automatic ground for eviction under rent control legislation. While non-payment is a common reason for eviction, it typically requires a specific process, including a notice period and potentially a court order, before eviction can be enforced.
Posted on Jun 27, 2025
A suit for declaration primarily seeks a court's declaration regarding a person's legal right or status, while a suit for possession focuses on recovering physical possession of a property from someone who is wrongfully holding it. Essentially, a declaration establishes a legal right, while possession seeks to enforce that right by obtaining physical control of the property.
Posted on Jun 27, 2025
Revenue records are crucial in resolving land disputes as they serve as official documentation of land ownership, boundaries, and related rights. They provide a verifiable basis for determining rightful ownership and can be used as evidence in legal proceedings related to land.
Posted on Jun 27, 2025
No, a landowner in India cannot evict a tenant without following due process, which includes approaching the court to obtain a valid eviction order. Self-help evictions, such as forcibly removing a tenant or changing locks, are illegal. A landlord must have a legally valid reason for eviction, such as non-payment of rent or the need to reconstruct the property, and must follow the procedures outlined in the Rent Control Act and the lease agreement.
Posted on Jun 27, 2025
If a tenant refuses to vacate a property after the lease expires, the landlord's primary legal remedy is to file an eviction suit in a civil court. The landlord must follow proper legal procedures, including serving the tenant with an eviction notice, and cannot resort to self-help measures like changing locks or physically removing the tenant.
Posted on Jun 27, 2025
To obtain a stay on arrest from the High Court, one must typically file a petition (often called a "stay petition" or an "application for anticipatory bail") with the High Court, detailing the reasons why a stay is necessary and providing supporting documents. The court will then examine the matter and decide whether to grant the stay.
Posted on Jun 27, 2025
Legal remedies against digital defamation on social media platforms in India include filing a civil suit for damages, lodging a criminal complaint, reporting the content to the platform, and seeking a court order to remove the content. Additionally, individuals can send a legal notice to the perpetrator and preserve evidence of the defamatory content.
Posted on Jun 27, 2025
After the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in ancestral property. This means they are considered coparceners by birth, just like sons, and have the same rights to claim a share in the joint Hindu family property.