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Notices, disputes and enforcement

18 documents

Something has gone wrong and the next step has to be put in writing, on a date that counts.

Documents from ₹99. GST included.

Save with a kit:RTI: ask, appeal, escalate ₹299 (save ₹98)

Notices between landlord and tenant

Notice of Demand for Arrears of Rent in the Schedule VII Form (Punjab Rent Act, 1995)The notice a Punjab landlord must serve before seeking eviction for non-payment — s.20(2)(a), Rent Act 1995 requires arrears of three-plus consecutive months, a Schedule VII notice served under s.106 TPA, and the tenant then failing to pay the whole arrears/charges/15% interest within two months. Serve it badly and the eviction application fails at the threshold. WHICH ACT: the 1995 Act (from 30.11.2013) excludes pre-commencement lettings (saved for the 1949 Act) EXCEPT NRI-owned premises, which stay under the 1995 Act however old the letting (Krishan Kumar v. Kamla Devi) — the form asks and prints the right averment. Urban areas only (s.2(o)) — a panchayat area needs an ordinary civil suit instead. NOT FOR Chandigarh — the 1949 Act governs there, no Schedule VII notice exists (position under challenge, re-check). CHECK EXEMPTIONS FIRST: s.3(1)(c) excludes only buildings constructed on/after 30.11.2013, for 15 years — a pre-2013 building is NEVER exempt. Also excluded: government/local-authority premises, foreign-national/embassy lettings, notified trusts, PUDA hire-purchase allottees. Under s.3(2), a contract-governed non-residential letting may not be a Schedule VII case at all. Two more limits: available only ONCE per tenant per premises per cure; arrears must be THREE-PLUS CONSECUTIVE months. Reconcile the arithmetic before signing and keep the postal proof — it starts the two-month clock.₹99Open
Tenant Reply to an Eviction NoticeUse this reply when a tenant has received an eviction, quit or tenancy-termination notice and needs a disciplined written response before or alongside any Rent Controller/Rent Authority proceeding. The reply should identify the notice, separate admitted facts from disputed allegations, state the letting date and Rent Act track, preserve rent-payment facts and explain why the landlord’s asserted ground is denied, incomplete or capable of cure. Section 106 of the Transfer of Property Act, 1882 may govern contractual termination of a monthly or yearly tenancy, but service of such a notice does not by itself evict a statutory tenant protected by the applicable Rent Act. In Punjab, the letting date distinguishes the saved 1949 Act track from the Punjab Rent Act, 1995 track under this drafting order; Chandigarh uses the 1949 Act throughout. The tenant should not make unnecessary admissions, deny obvious facts, or threaten unrelated criminal action. If a rent petition has already been filed, the formal defence must also comply with the forum’s summons, leave-to-contest, affidavit and time requirements.₹99Open

Payment default and recovery

Show-Cause Reply and Appeal against Resumption or Forfeiture (Section 45, PRTPDA 1995 — Authority Plot or House)For an allottee of a plot/house/booth/SCO from a Punjab development authority (GMADA/GLADA/ADA/JDA/BDA/PDA/PUDA) who's received a notice about money owed or premises held wrongly. What you hold is an allotment letter — title stays the Authority's until full payment (s.43(6)), no transfer without permission (s.43(7)). Two stages: s.45(1) default gets a 30-day show-cause notice before any penalty (capped at the amount due); s.45(2) then imposes it, fixing a payment period; only further default triggers s.45(3) — another 30 days — then s.45(4) resumption/forfeiture, capped at 10% of TOTAL consideration/interest/dues, not the bare price. Section 44 mirrors this for rent/fee arrears. Appeal: s.45(5) gives 30 days from the order to the Chief Administrator; s.45(6) lets him confirm/vary/reverse; s.45(7) six months to call for the record. A vacate order (s.46) or damages (s.47) goes to the Competent Authority under s.48(1) — THIRTY DAYS FROM SERVICE OF THE NOTICE, not the order. Section 46(3) purge: paying arrears/complying within those 30 days cancels a vacate order. Pick the addressee deliberately — wrong officer wastes the limitation period. A s.45(8) revision to the State Government (a further 30 days) is a SEPARATE document, not this one. An optional payment offer helps where the default is genuine; leave it blank if disputing the demand's lawfulness. Common in GMADA's Sectors 76-80 and comparable estates: enhancement demands, extension-fee penalties (GMADA's own scale: 2-4% of allotment price by year band). NOT FOR: a private builder purchase (s.44, PAPRA excludes authorities — use Form M/N to Punjab RERA instead); Chandigarh property (PRTPDA doesn't extend there); pure delay without default (a Right to Service Act matter, first appeal to the Additional Chief Administrator); or as a writ substitute once the ladder is exhausted.₹999Open

Possession, trespass and encroachment

Cheque bounce and money claims

Cheque Dishonour Legal NoticeA cheque given to you has come back from the bank unpaid, and you want the money or, failing that, the right to prosecute. Section 138 of the Negotiable Instruments Act, 1881 turns the return into an offence only if you send the drawer a written demand for the cheque amount within 30 days of receiving the bank's information that the cheque was returned, and the drawer then fails to pay within 15 days of receiving that demand. This notice is the demand. It records the debt the cheque was given for, the cheque itself, when and through which account it was presented, the return memo and its reason, and the day the memo reached you, so that every date a court will check later is fixed from the start. A return marked funds insufficient, exceeds arrangement, account closed, payment stopped, refer to drawer, signatures do not match or image not found is a dishonour the section reaches. Where the drawer is a company, the notice also goes to the managing director and the officers who ran its affairs. Interest and costs, if you want them, are claimed separately, so that the statutory demand stays the cheque amount alone. Use it for a cheque presented within three months of its date and a memo received less than 30 days ago.₹99Open

Settlement, compromise and withdrawal

Compromise Deed in a Property DisputeA quarrel over land or a building in Punjab or Chandigarh has been talked out. It may be brothers disputing a share in inherited land, co-owners arguing over who holds which part of a plot, neighbours fighting over a boundary wall or a passage, or a claimant who says a sale left out his share. The talks may have run through relatives, the village panchayat or the parties' advocates; this deed, the razinama, turns what was agreed into terms that bind both sides and their heirs. It names the parties and the property with its revenue or municipal record numbers, states what the quarrel was and any case it is in, and then records who takes which part, what money is paid and when, when possession passes, how the ownership record is corrected, and what follows if someone does not perform. Each side releases the claims the quarrel involved. Because the deed decides rights in immovable property, it is stamped by what it actually does and, where it creates, declares, assigns, limits or extinguishes a right worth ₹100 or more, registered before the Sub-Registrar under section 17(1)(b) of the Registration Act, 1908. Where a suit or other case about the property is pending, the deed is filed there as well, so that the case ends on the same terms. A settlement left oral, or written on plain unstamped paper, gives neither side anything the Sub-Registrar, the revenue office or a court can act on.₹799Open

RTI applications and appeals

General notices and affidavits