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Shaiju (Manager)     14 February 2016

Legal advice : property issue

Dear Sir / Madam,

In 2006, a builder approached our society to buy all 20 flats. Almost all families agreed to this request as the rates were increasing. However only 14 families signed a MOU with the builder and took 20% of their share. The builder agreed to pay the remaining amounts in 2 separate installments. 

We are one among the remaining 6 families who have neither signed an MOU nor taken any share from the builder as we were not happy with the offer given.

Of the 14 families, 2 families sold their flat for full payment to another builder (after taking 20% from the 1st builder). On knowing this, the 1st builder filed a legal suit against the society and the court issued a stay order on the society and all its members. The builder has filed a suit in the civil court and the criminal court. 

In the last 10 years, we have sought help of many lawyers but to no avail. They take money from us and the case gets postponed to different dates. There is no positive outcome. 

We have received a summons from the court on 7th Feb 2016, to appear for a hearing on 20th Feb 2016. We humbly seek your guidance in this matter. If you could help us in this matter at the earliest, we would be better prepared for the hearing. 

We are helpless and do not know how to get out of this problem. We have neither cheated anyone nor taken anybody's money. My father who is the owner of the flat is now over 70 years and a diabetes patient. He is now physically not in a position to run behind lawyers and attend court hearings. Please advise how we can get out of this problem. Kindly help urgently.

Thanking you in advance,
SP



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 2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 February 2016

Your query is not asking a specific question. The appropriate step to take will depend on the reason behind being summoned . How can an entire society be stayed from transacting the propert because of the acts of the others . Go for a vacation of the said stay order . 9999931153

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     15 February 2016

Your query is not asking a specific question. The appropriate step to take will depend on the reason behind being summoned . How can an entire society be stayed from transacting the propert because of the acts of the others . Go for a vacation of the said stay order . 9999931153

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