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Can I Get My Rent Arrears and Fair Compensation for My 641 Sq Ft Flat in Mumbai?

Ramalingam

Ramalingam Kalirajan  |7184 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 17, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Pinto Question by Pinto on Jul 12, 2024Hindi
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Our big residential complex Mathurdas Colony in Kalina Mumbai was embroiled in legal disputes for decades as the landlord had died intestate and his relatives were all fighting for a piece of the pie. We tenants were all paying rent to the court receiver. After the court order, we paid rent to the deceased landlord's relatives as per court order, who eventually sold to Hindva Builders. Hindva / Jaavi Infra notified us to vacate in September 2017, and we complied on 15-Sep-17. Mummy and I moved to Goa. We have a court registered agreement that included compensation for rent, moving, and a month's rent as brokerage, all of which we received for year 1, 16-Sep-17 to 15-Sep-18. After persistent reminders we got the rent compensation for year 2. Since then, nothing. Some tenants paid the tenants association reportedly 40,000 for a court case. We learned they all got rent after winning the case. I was abroad, mummy was aged and alone in Goa, I was in touch with Hindva, and was advised to not join the case, with repeated verbal assurances that we would get the rent. I have since begged, pleaded, to no avail. Mostly Hindva ignores my phone calls, SMS, email, prmises to revert and fails to, evert time for five years. When he replied, it was only to sweet-talk us into gullibly believing that we would get the rent. We lost hope of seeing the new permanent alternate accommodation in our lifetime as no construction has began until now, other than demolition of all buildings and some chawls. We were even considering selling. When we last spoke to Hindva, he denied that anyone was given rent. He said rent would begin as of 1-Jul-24 and we would receive by 10-Jul-24, but till now nothing. Hindva has since acquired a financial partner MS Realty. Our blood relative in Bombay went to meet Hindva, but it was actually the office of MS Realty. They advised her to meet Hindva, which she managed to do only after MS Realty apparently asked Hindva why our rent payment was still outstanding. Hindva seems determined to not pay us the rent, despite MS Realty wanting them to. On asking about sale, we learned that 40 tenants had already sold. Would truly appreciate your valued advice as to what to do to get our rent arrears from 16-Sep-19, and how to ensure fair compensation for our 641 area of we decide to sell. Mum is now 91 and I am 67.

Ans: Your situation is quite complex and involves multiple legal and personal factors. Here are the key issues you are facing:

Non-receipt of rent compensation from Hindva Builders since September 2019.
Hindva's reluctance to pay rent arrears despite assurances.
Possibility of selling your entitlement for fair compensation.
The involvement of MS Realty as a financial partner.
Steps to Address Non-Receipt of Rent
Document All Communications
Keep a detailed record of all communications with Hindva and MS Realty.
Note dates, times, and content of calls, emails, and meetings.
Legal Consultation
Consult a Certified Financial Planner (CFP) or a legal expert specializing in real estate and tenancy issues.
They can provide tailored advice and help draft legal notices.
Issue a Legal Notice
Send a formal legal notice to Hindva Builders and MS Realty.
Clearly state the non-payment of rent arrears from 16-Sep-19.
Mention the repeated verbal assurances and the financial and emotional distress caused.
Engage with a Tenants’ Association
Join or collaborate with the tenants’ association if possible.
Collective action can strengthen your position.
Pursuing Fair Compensation for Sale
Property Valuation
Obtain an independent valuation of your 641 area from a certified property valuer.
Ensure the valuation reflects current market conditions in Kalina, Mumbai.
Legal Advice on Sale Agreement
Seek legal advice to review any sale agreement proposed by Hindva or MS Realty.
Ensure the agreement includes fair compensation and clear terms for payment.
Negotiation
Use the independent valuation to negotiate with Hindva and MS Realty.
Aim for a transparent and fair settlement.
Additional Steps for Assurance
Verify Other Tenants’ Experiences
Confirm with other tenants who have sold or received compensation.
Understand the process they followed and the terms they agreed to.
Advocate Support
Consider engaging a local tenants’ rights advocate or NGO.
They can offer support and additional resources.
Final Insights
Your patience and perseverance in dealing with this situation are commendable. Given the complexity, professional legal and financial advice is essential. Act promptly to safeguard your rights and ensure fair compensation.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |7184 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 25, 2024

Asked by Anonymous - Jul 15, 2024Hindi
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Dear Sir We had booked a flat in one of the projects in Karnataka ( 15 + years back) but when the project is about to complete the land owner of that apartment filed the case against the builder because the builder had constructed few flats illegally in that project.. The land owner had demanded few crores from the builder for illegally constructing the flat...During that time we were in abroad and 3 flats werent registered in this project one is ours and 2 more flat owners were in abroad too..Thats out of 35 flats... Hence the builder had registered three flats in their name for the safety..But till now we havent got registered of that flat in our name becos there is case in the court. Hence there is no completion certificate issued for that project..etc.... and no flat owner can sell their flat due to the court case. However the builder had given us a power of attorney for the flat for rent it out or stay... And we have rented the flat and are getting the rent... we have been regularly followed up with the builder, he everytime promises today tomorrow....like this 15+ years passed...last year we asked for a replacement flat in one of their new project and he agreed to give us a replacement flat provided we pay some extra bucks as per the rate...We agreed for that and got the agreement signed and also got the sale deed of the land etc.. we have paid the payment in cheques.Its a huge project and completion of the project is bit slow and got delayed.... Recently, the builder had sent an email to all flat owners to register their flats but when we consulted for registration the builder said he had to transfer the payment done by us from the previous project to this new project...hence it would take time (by the way thats their internal issue) everytime we consulted for registration he says it would take one months time and his legal team is working on it...Sometime he says the court case should get over of the other project and then only he can help to register the the present flat..(though the previous flat is in their name itself) we have nothing to do with case (as the Case is between land owner and builder) also the previous flat registration al in their name..we have only agreement and receipts.of payment done...hence so far the flat is not registered...most of the flats got registered in the new project...The project is not completed yet it would take one more year... My question is why the builder is delaying the registration process of our flat and why is he not doing the internal issues solved and help us to register our flat in our name... Should we register the flat ourselves provided we get required documents from the builder? Or consult a lawyer in this regard...Pls guide...
Ans: You booked a flat 15+ years ago in Karnataka. The project faced legal issues due to illegal construction. You haven’t been able to register the flat in your name.

Builder’s Delay
The builder registered three flats, including yours, in their name. You have a power of attorney to rent it out. The builder promised a replacement flat in a new project, but the registration is still delayed.

Key Questions
Why is the builder delaying registration?
Should you register the flat yourself?
Should you consult a lawyer?
Builder's Delay Analysis
Internal Issues
Fund Transfer: The builder needs to transfer payments from the previous project to the new one. This seems to be causing delays.

Legal Complications: The builder indicates that the ongoing court case may affect the registration process. However, you have no involvement in this case.

Project Completion
Project Delay: The new project is not yet complete. This might also contribute to the registration delay.
Recommendations
Consult a Lawyer
Legal Advice: Consult a lawyer to understand your legal standing and options.

Documentation: Ensure all your documents are in order. The lawyer can help review and prepare necessary paperwork.

Registration Process
Self-Registration: With the required documents from the builder, you might register the flat yourself. This requires legal guidance.

Follow-Up: Continue to follow up with the builder regularly. Ensure all communication is documented.

Legal Action
Notice to Builder: Your lawyer may suggest sending a legal notice to the builder for delaying registration.

Court Case: If the builder doesn’t cooperate, consider filing a case against them. This might expedite the process.

Insightful Evaluation
Assessing Risks
Builder's Reliability: Evaluate the builder’s past projects and their completion rates. This helps in assessing the likelihood of further delays.

Legal Risks: Understand the legal risks associated with the ongoing court case. Your lawyer can provide a detailed assessment.

Future Steps
Replacement Flat: If the builder provides a replacement flat, ensure all legal aspects are clear before agreeing.

Backup Plan: Have a backup plan in case the registration process faces more delays. This might include exploring other housing options.

Communication
Transparent Dialogue: Maintain open and transparent communication with the builder. Document all discussions and agreements.

Legal Assistance: Have your lawyer involved in all major communications with the builder. This ensures legal backing.

Final Insights
Proactive Steps
Consulting a lawyer is crucial. They can guide you through the legal complexities and help expedite the registration process.

Keep all your documents organized. This will be helpful during any legal procedures.

Regularly follow up with the builder. Ensure you have written records of all communications.

Evaluate the reliability of the builder and the legal implications of the ongoing court case. This helps in making informed decisions.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Milind

Milind Vadjikar  |730 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Nov 29, 2024

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Sir My Age is 38 Now. Running Business In Pune city. Below are the My Assets & Liabilities. Current Values - Assets. Own Industrial Plot - Rs. 2.0 Cr Business Income Yearly Rs. 24.00 Lack Own Company Investment ( Machinery, Debtors Etc ) - Rs 2.40 Cr Mutual Fund & Share Market Investment Rs. 2.10 Cr Bank FD - Rs. 50.00 Lack Own 3 Flats in Pune - Rs. 75 lack, 50 Lack & 35 Lack ( Current Values ) Golds - Rs. 25.00 Lack Land - Agriculture - Rs. 50.00 Lack Term Insurances - Rs. 20.00 Lack ( Till Date Premium Paid ) Labilities. House Loan - Rs. 30.00 Lack ( EMI 26500.00 PM ) Loan will close after 17 years. Car Loan - Rs. 6.35 lack ( EMI 12500.00 PM ) Loan will close after 5 years. This Assets & investment sufficient for maintain 7 family members Expenses after retirement ? ( 4 Adult + 3 Children (Below 5 Years) ). I will retire at the age of 45.
Ans: Hello;

What is the expected monthly rental from industrial plot and machinery?

Are you currently occupying one of the flats mentioned here or are all of them given on rent?

Also your term life insurance is very low. You should have minimum term insurance cover of 2.4 Cr.

You have good assets in agri land, industrial land, gold, real estate but they are relatively illiquid when need arises hence term insurance cover with riders for critical care and accident benefit are an absolute must!

Considering the home loan tenure of 17 years and 3 small kids in the family to be supported for education and decent lifestyle, I am not sure if you can retire in 7 years timeframe from now.

However I would appreciate your reply to my queries above, before I give my firm view about your retirement in 7 years timeframe.

Best wishes;

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Dating, Relationships Expert - Answered on Nov 29, 2024

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I (26F) have been in the process of searching suitable prospects through Arranged Marriage Platforms. I had connected well with a match (29M), we have been getting along quite well, chatting, phone calls & even met several times in person, over the last few months & got engaged after both Families liked each other. The Wedding is scheduled early in 2025. After our Engagement, my Fiance came up with a Shocking Revelation. He confessed that he (along with his Family) had Hired a Private Detective to snoop on me for a month or more. The Detective had conducted a thorough background check about me & my Family by secretly snooping around many places such as my Neighborhood, my Alma Mater, my Workplace, my Gym etc. & finally gave the Family a 'Clean Chit' about me & hence they decided to go ahead with the Engagement. I wasn't aware of all this, until my Fiance told me, all by himself, but only after our Engagement. Needless to say, I am Shocked at his Confession as I had always been Honest with him about everything he wanted to know about me, still he had to rely upon the 'Clean Chit' issued by a Stranger to be sure of my Character, while he'd been acting like he Trusted me all the while. He tried to pacify me saying that this is just a part of the usual Procedure & most people are doing the same, these days. But I am not able to Digest it. Even though, he has been repeatedly Reassuring me that he completely Trusts me now, I am afraid that he might continue snooping on me, even after we get Married. I am confused as to whether I should be Trusting my Fiance & going ahead with the Wedding, as scheduled? Or discuss with my Family & Call off the Wedding for what my Fiance had done? Can you please advise me, whether Hiring Private Detectives & snooping on prospects is really a part of Arranged Marriage, these days or my Fiance & his Family have Trust Issues? Is it even Ethical (if not Illegal)? Can I initiate any legal action against them for breaching my (& my Family's) Privacy? How do I deal with this, if he continues being so Suspicious about me, even if we decide to go ahead with the Marriage? P.S: I have been completely Honest with my Fiance, right from the beginning & even I Trusted everything he told me without any Cross-verification. Have I been the Foolish one here, while my Fiance had been playing Smart? Would you advise me to do the same thing, which he did, even though, I do not like the idea of having to spy on Loved ones?
Ans: Dear Anonymous,
First things first, you do not have to do what he did; tit for tat is not always the right approach. I would suggest discussing the matter openly with your family. Parents are often more experienced than us, and I am sure they can provide some good advice. Coming to him doing a background check- some people do that, and it's for some added security in an arranged marriage setup. But hiring a private detective is a bit too much; at least, personally, I have not heard of it before. Asking around or inquiring with mutual friends and family is common, but this might be too much. I am unsure if it indicates an overly doubtful nature in your fiance, or if the entire thing was his family's decision. My suggestion is not to rush into a decision; talk to your parents. If needed, take some more time to decide. And at any point, if you think all of these were too much, and you cannot trust him anymore, please do not hesitate to rethink the relationship. It's okay to prioritize yourself.

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Asked by Anonymous - Nov 28, 2024Hindi
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Hello sir, what is best lum sum saving option with monthly returns. Returns wise as well risk wise? Is it MIS, SWP or annuity? I have little idea of Annuity? Could you please explain in detail?
Ans: Hello;

POMIS has sovereign assurance being a GOI scheme but it has interest rate risk, low tenure, investment limit.

SWP typically will have a higher risk(depends on the fund type) but still it's risk is higher than other instruments and may have a higher return, although this is not assured.

In case of income from annuity, returns may be lower but it offers you fixed income in retirement for longer tenures.

Mostly insurance companies invest annuity corpus in central and state government securities, PSU bonds, AAA rated corporate bonds etc so can't say 100% safe but highly secure and safe.

Here's a brief information about annuities:

Annuities are types of pension plans where you make a lump sum payment to a life insurance company and get a regular income for a certain period of time or for life.

There are primarily two types of annuities:

1. Immediate annuity
This is a type of annuity plan that provides you with a guaranteed regular income immediately after you pay the lump sum premium.

2. Deferred annuity
In a deferred annuity plan, your income starts at a later date and you can choose when you want the regular income to start.

Based on type of regular monthly payments annuities could also be classified as Fixed annuity and Variable annuity.

Below are the various options available in an annuity plan:

A. Life annuity: In this option, you receive annuity for life. The frequency of payments is usually pre-decided by you at the time of the purchase of the policy.

B. Joint life annuity: This is similar to a life annuity. In this option, you receive annuity payments for life. In your absence, your spouse continues to receive annuity payments for life.

C. Life annuity with return of purchase price: This provides you annuity payments for life. In case of an unfortunate event, your nominee will receive the amount you paid at the time of the purchase of the policy.

D. Annuity payable for a pre-decided term: This provides you the option to choose the duration for which you would want to receive annuity payments. The period can be 5 years, 10 years, or more.

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Dr Shyam

Dr Shyam Jamalabad  |82 Answers  |Ask -

Dentist - Answered on Nov 29, 2024

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Doctor, my 4.5-year-old son has baby bottle tooth decay in four of his front teeth. However, this wasn't caused by bottle-feeding but rather by him holding food in his mouth for extended periods when he was younger, around two years old. Local dentists have advised us to do nothing, as these teeth will eventually fall out and be replaced by adult teeth. However, I'm concerned that his new teeth might also be at risk. Is there anything we can do to prevent further decay of his current teeth, and is there a treatment available to help his teeth stay healthier? Any guidance would be greatly appreciated.
Ans: Hello
This type of tooth decay is rather common in children. Most parents dismiss it as inconsequential because "milk teeth fall off anyway" and do not seek professional advice. I am happy to note that you are concerned and have already consulted a couple of dentists.
As long as your son's decayed teeth are asymptomatic, I would agree with your local dentists that, for now, no procedures should be done.
The logic is simple. A visit to the dentist is stressful even for adults. I imagine it would be even more so for a child of 4 or 5!
If the teeth in question are free from pain or underlying infection, we (the dental fraternity) would rather not expose the child to procedures which could potentially instill in him a lifelong fear of dentists and dental clinics.
However I strongly urge you to take your child for periodic check ups to ensure the decay doesn't spread unchecked and/or can be treated in time if the need arises. Please note if these teeth get infected and the infection is left untreated, the permanent teeth can also get damaged.
Also, you (the parent) need to inspect the said teeth and surrounding gums regularly to spot gum boils or swellings. If you spot any of this or if the child complains of pain please consult your dentist at once.
It goes without saying that he should brush his teeth with even more care. Ideally after every meal. Children cannot be fully trusted to brush their teeth well, so it's always wise for a parent to supervise.
If your son is a fussy eater you could consider giving him Calcium supplements. This will not help his current teeth in any way, but the permanent teeth which are due to erupt a few years later will hopefully be more resistant to decay.
Hope this answers your question.

...Read more

Ramalingam

Ramalingam Kalirajan  |7184 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 29, 2024

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Money
I am 54 years. wnats to retire as early as possible. Have a housing loan of 70 lacs.. EMI is 80K every month. My monthly expenses is 70K. I have mutual funds /PF etc of app Rs 1.50 cr.. I want to clear my loan from the funds which I am having. Thereafter I will left with 80 lacs. I have two childerns. After 8-10 years I will requre funds for marrying both. My monthly in hand is app Rs 1.90 lacs.. For How many years will I have to work/or how much funds should i have to see that I have funds to marry my childerns and to met my monthly expenses once i retire
Ans: Your financial situation reflects thoughtful planning and steady savings. Let's assess your assets, liabilities, and goals for an early retirement.

Key Details of Your Financial Status
Housing Loan: Rs. 70 lakh housing loan with an EMI of Rs. 80,000 per month.

Monthly Expenses: Rs. 70,000 per month for regular living expenses.

Current Investments: Mutual funds and PF of Rs. 1.50 crore.

Funds Post Loan Clearance: Rs. 80 lakh remaining after clearing the loan.

Monthly Income: Rs. 1.90 lakh in-hand income.

Upcoming Responsibilities: Marriage expenses for two children in 8–10 years.

Evaluating the Housing Loan Decision
Clearing the housing loan now reduces debt burden but impacts your liquidity.

Rs. 70 lakh repayment will leave you with Rs. 80 lakh in investments.

Retain emergency funds for unforeseen expenses after loan repayment.

Once EMI stops, Rs. 80,000 will be available monthly for investments or savings.

Key Goals to Address
Retirement Planning: Ensure your corpus supports expenses after retirement.

Children's Marriages: Allocate funds for both weddings within 8–10 years.

Monthly Expenses Post Retirement: Maintain Rs. 70,000 adjusted for inflation.

Steps for Managing Funds After Loan Clearance
Emergency Fund Setup: Keep Rs. 10 lakh in a liquid fund for emergencies.

Diversify Remaining Funds: Divide Rs. 70 lakh into equity, hybrid, and debt funds.

Future Marriage Goals: Invest Rs. 30 lakh specifically for children's marriage expenses.

Retirement Corpus Growth: Use the remaining Rs. 40 lakh for retirement-focused investments.

Monthly Savings Post-Loan
After loan repayment, you save Rs. 80,000 EMI monthly.

Combine this with Rs. 40,000 (from Rs. 1.90 lakh income after expenses).

Total Rs. 1.20 lakh can be invested monthly for retirement and future goals.

Suggested Investment Allocation
Equity Mutual Funds: Allocate 60% of monthly savings for long-term growth.

Hybrid Mutual Funds: Allocate 20% for a balance of growth and stability.

Debt Funds: Allocate 20% for safer, predictable returns.

Goal-Based SIPs: Create separate SIPs for retirement and marriage goals.

Retirement Corpus Estimation
Aim for a corpus that generates Rs. 70,000 monthly, adjusted for inflation.

Plan for a 30-year retirement, assuming early retirement at age 55–57.

Factor in rising medical costs, lifestyle changes, and unforeseen expenses.

Taxation Considerations
Equity mutual funds' LTCG above Rs. 1.25 lakh is taxed at 12.5%.

Debt mutual funds are taxed as per your income tax slab.

Invest strategically to minimise tax liabilities while maximising returns.

Children's Marriage Planning
Allocate Rs. 30 lakh across equity and balanced funds for this goal.

Ensure growth-oriented investments to meet inflation-adjusted costs.

Withdraw gradually closer to the marriage dates to avoid market volatility.

Suggestions for Early Retirement
Continue working for 3–5 years to build a stronger retirement corpus.

This allows you to grow investments and plan for children's weddings.

Focus on reducing liabilities, increasing savings, and investing wisely.

Protection for Your Family
Health Insurance: Increase family coverage to Rs. 20–25 lakh.

Life Insurance: Ensure adequate coverage, at least 10 times your annual income.

Will and Estate Planning: Secure your wealth distribution legally.

Final Insights
Clearing your housing loan now can simplify your finances. However, focus on balancing liquidity for future goals. Continue working for a few more years to strengthen your retirement corpus. A well-structured investment plan can help meet your children’s marriage expenses and ensure a comfortable retired life.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Dr Shyam

Dr Shyam Jamalabad  |82 Answers  |Ask -

Dentist - Answered on Nov 29, 2024

Asked by Anonymous - Jun 18, 2024Hindi
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Health
Dr Saheb, I have gum problems and need to get treated. But Iam not able to find good dentist. Iam scared when they don't show any kindness or use soothing words. How to identify good dentist.
Ans: Hello
I understand your anxiety. A visit to the dentist can be stressful, especially if you have had a bad experience.

Here are some key factors to help you identify a good dentist:

1. *Qualifications*: Check for a degree from a reputable dental school and valid licenses.

2. *Experience*: Consider a dentist with extensive experience in general dentistry or specialized fields like orthodontics or oral surgery.

3. *Communication*: A good dentist listens attentively, explains procedures clearly, and answers questions patiently.

4. *Chairside manner*: A caring and compassionate attitude can make dental visits less stressful.

5. *Up-to-date technology*: Modern equipment and digital X-rays indicate a commitment to quality care.

6. *Sterilization and hygiene*: Ensure proper sterilization techniques and a clean environment.

7. *Continuing education*: A good dentist stays updated on the latest techniques and advancements.

8. *Patient reviews*: Research online reviews and ask for referrals from satisfied patients.

9. *Professional affiliations*: Membership in organizations like the Indian Dental Association (IDA) or local dental societies indicates a commitment to ethical standards.

10. *Comfort level*: Trust your instincts and choose a dentist with whom you feel comfortable discussing your concerns and treatment options.

11. *Clear treatment plans*: A good dentist explains procedures, costs, and alternatives clearly.

12. *Emergency care*: Find out their policy for handling dental emergencies and after-hours care.

13. *Office hours and location*: Consider a dentist with convenient office hours and a location that suits your needs


By evaluating these factors, you can find a skilled and caring dentist who meets your oral health needs.

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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