In year 2014, we had signed an agreement with a builder to construct apartment in our land. They had paid an advance (later adjustable) amount of Rs 2.5 lakhs to us. In addition to this, they committed to pay 33% of the total flat. This includes 3 flat and 3 car parking. The agreement was not registered but notarized. The builder has not taken Power of attorney (GPA) to construct the building despite of repeated request.

However they have constructed 5 floors (only concrete structure) and later stopped their work. The building plan they had passed from local authority is also now lapsed. They have put the construction work on hold for almost 2+ years now. We have verbally requested them a lot to complete the work but they did not heed us. They are also not returning our land title deed and other original documents. Now when we are insisting on them to return our document they are threatening us to serve legal notice and go for Arbitration to intentionally delay the proceedings and harass my father. My father is a septuagenarian and they are making him run pillar to post for the original documents. We have already hired a lawyer but an expert opinion always help. Hence approaching this forum.

I have the following questions please advise.

1. Does the builder have any ground to serve legal notice to us and file a case for arbitration?
2. Can we now revoke the development agreement?
3. How can we get our original documents including title deed back from them?
4. Can we lodge a complaint in Consumer Forum against this builder and seek compensation for harassment?
5. Can we sell the land to any other buyer without the original title deed. We have a certified true copy available from the district authority?
6. Do we have to pay for the construction done by them without taking GPA from us? How do we find out how much they had spent for the 5 store concrete structure?
7. Do we have to refund Rs. 2.5 lakhs advance?
8. Is it advisable to go for arbitration or filing a court case for getting the original title deed?

Your advise in this regard would be highly appreciable.

Answer now

11 April 2019 at 12:52

Land acquisation

my father have .172 hecter land at dewas road ujjain mp
on 26/4/1996 sdm ujjain acquired .172 hectare land under [bhu arjan adhiniym dhara 4,5,6] and .100 hecter remains with us because there was house built on .100hect
land was acquired for UDA[ujjain development] authority for yojna P-1/87
this land was not used for said yojna,now UDA want to sell this plot independently
at commercial rates
can we file writ under new act which states that
The rural development ministry has modified Clause 95 of the new Land Acquisition, Rehabilitation and Resettlement (R&R) Bill, 2011.
As per this bill " When any land acquired under this Act remains unutilised for five years from the date of taking possession, the same shall return to original land owner or their legal heirs as the case may be."

Answer now



In a town of Bulandshahr, after the U.P. Zamindari Abolition came into force the State of U.P. started realizing rents from all the tenants/occupants of every khasra, agriculture of otherwise, on a false claim that after Z.A. act all lands have vested in the state (except two plots where there was actual Abadi).

There was a controversy regarding the boundaries of town area, thus the applicability of U.P. Zamindari Abolition Act. In 1962 while the matter regarding the boundaries of town area was pending in a civil court, the state of U.P. carried out consolidation of the entire town, including the admitted abadi plots. As a result, not only all khasra (plot) numbers were changed but also their size. U.P. state was defendant and we were as plaintiff in this case. Judgment came out in 1963. DJ upheld the civil judge’s verdict on 1966. No further appeal. No U.P. Urban Areas Zamindari Abolition Act ever came into force in this town. Court admitted the list of all our tenants on agriculture or non-agriculture lands.

As I know, consolidation Act would apply only to the areas to which the provisions of the Zamindari Act would apply. We have tenants in agriculture lands through lease/patta given before and after Z.A. act. The lands where we have these tenants are according to court’s verdict are inside town area (urban) limits, but according to government they are outside. Sometime after consolidation in 1962 government issued Bhumidhari sanads to the occupants these lands. They got their names mutated in revenue records.

Now once again consolidation proceedings have been initiated and they are presently in progress. Do we have any rights left in these lands, which were confirmed by the court in 1963 and again in 1966? If yes, how do we proceed?

Answer now

I had given Flat Transfer Application along with necessary documents to the Secretary on 23.12.2018 but he has not communicated any reply to me till today, though more then 3 months has passed.

In such case, can I become a member of the society automatically as per bye-law 65(g) and as provided under Section 22(2) of MCS Act ? What action I should take now, please advise.

Answer now

Does it really take 50 years for my dispute regarding partition of my moms two houses to get resolved in court?

Here I have been suggested that go for compromise.

Even my father also told compromise and sign on blank paper. I did not sign however.

The advocate also told if they come for compromise, you compromise.

How to do compromise?

[Back story - Mom passed away few days ago, leaving 2 big houses, husband, one son married with 2 kids, one me with one kid (I did love marriage (1 kid girl) however I did not change reliegion) no will done by mom, dad and brother telling you wont get any share in property.]

Answer now

Dear Experts,

I am standing as POA/GPA on behalf of my friend- Plaintiff (living abroad) who got cheated of plot. I was assigned as GPA only after it was known the plot was sold as paper sale with fictitious katha # with substantial evidence of producing other case OS/598/1998 judgment gone against the defendant of the entire layout itself. Besides we have produced WhatsApp message between defendant and plaintiff wherein defendant acknowledging to sort out and settle if the plaintiff withdraws the police compliant OS/5854/2016 for recovery of money and cancellation of sale deed.

While the case has progressed upto cross examination on both sides, yet the defendant through one of the IA statement is expecting court monitored commission enquiry to redraw the boundaries by falsely highlighting that I GPA has sold some piece of my friend’s plaintiff plot to neighboring Flat/Apartment builder; and as such I have put this case against defendants to recover money and thus diverting court. Towards this in the ensuing argument stage can we ask defendants to show / table proof also can we produce additional docs / proof OR highlight their own docs & statement tacit acknowledging their misdeeds.

As I am standing as GPA to my friend to ensure justice is done to this problem and money is recovered for him and importantly this fictitious sale deed is cancelled… Kindly help me with your advice so as to what aspects can be and cannot be brought through verbal and written process of argument stage so that I am not been falsely accused and when ORDERS are issued would Judge word the orders expunge false accusation against me as well.
Appreciate your understanding of my situation and hence needing your expert advice.

Many thanks & Regards

Answer now

29 March 2019 at 00:47

Transfer of Name on property

Hello all,
Need help/guidance on below scenario.

My wife's Grandmother(Mother of my wifes Mother) Have a propert On her Name. But she passed aways Long back . But before Pasing away she made a Power of attorney of her property Possesion on Name of my wife's Father(Only POA).
Unfortunately My wifes Father also Passed away Few years before.
Now My wifes Mother want to get the property of her Mother on her Name, bcoz as per POA its was given to Her husband but now he is no More. So after her husband the First right goes to her Mother.

How Can we go about getting the Property tranfered on My Wife's Mother?

Procedure to follow?

Guidance on above would be highly appreciated.


Answer now

12 March 2019 at 16:57

Panchayath layout plan road issue


I purchased plot in 2015 under punchayath layout plan dated 1989.where plan Is having 33 feet road in front my plot. But opposite plot owner occupied that access road and build a wall upfront my plot and I could not able to go inside my plot.left side there is a house and road occupied and build a wall and right side some other person land is there and back side another person land is only accessible road for my plot if occupied and he is saying he build wall as per his land measurements. He is saying my panchayath layout is fake and his land owner saying he did not sold road to that layout planner.but road is there is pamchayath layout and opposite plot owner completely blocked 5 plots in our side with out giving accessible road to our plots
Kindly help

Answer now

Respected Experts,
A partnership firm consisting of 4 partners having share as 30:30:30:10 holds 35% share in a land. A builder/ developer purchased 30:30:30 from the partners via registered agreement in 2014 and 10% share from the divorced wife of the partner via notarized MOU without the knowledge and consent of the partner in 2013.

The said MOU was executed on the basis of 2 fake Power of Attorney's of the partner. When the partner was alarmed, he filed WP in the High Court of Bombay in 2015 against the builder & others on his and firms behalf. As the matter did not come up for hearing due to long dates, the developer went ahead and appointed a sub-developer to develop the land in 2016.The partner expired in 2017.

The developer produced only the agreement of 90% share holder with the MCGM to get his file approved and not the 10% MOU . The sub-developer constructed 22 floors and is waiting for OC from the MCGM.

The last wife of the partner is still alive, she filed CS in the HC to become a party in the said WP and also filed complaints with the Municipal Corp. not to issue Occupation Certificate by showcasing how the fraud has been committed by the builder/developer and the divorced wife of the partner. .

Any judgments will be really helpful.

1.The builder completed the purchase of the land on false and fabricated MOU of a divorced wife, Is the sale/ deal complete with the partners and valid in the eyes of law?
2. What legal recourse is available with the financially deprived last wife and widow of the partner.?
3. The Advocate of the deceased partner states that nothing lies in WP, you will have to withdraw and file a suit?
4. Is there anyway to stop the developers file from further movement?
5. WP is still pending in the HC. Should the last surviving wife amend the WP and bring the fraud committed by the divorced lad and the developers?

Experts, please help and guide....God Bless

M. R. Shaikh

Answer now

16 February 2019 at 12:54


sir meri dadi ka makan jisme 3 waris he ,lakin ak ne nakali waris ban kar bech diya

Answer now


  LAWyersclubindia Menu