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Deepak (developer)     02 August 2013

Legal advice for a dispute

Hi Team, My Dad has a Flat at Mumbai , Which was developed Under SRA Schema.All legal papers are in name of my father and he is the sole owner of the said flat.

My Dad Brother , falsely claim that he also possess owner ship on tha flat. My dad had only given him an affidavit which states he use to stay for his children admission in school as address proof. Based on that document , my uncle had send a letter from a lawyer to builder and society members claiming he also have rights in said room and Key of the flat should not be handed over to my dad.

Based on that letter builder asked us to generate affidavit stating that for any dispute or legal notice he wont be resposible.my dad would be sole responsible person. we submitted that letter too. but Builder and some society member , due to greedy to get some cash from us are not handing over the key to us.

Now we are in such a states that dont know what action need to be taken, Any suggestion or action items would be appreciated.

Thanks in Advance. awating respose.

 

Thanks Deepak M.



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 2 Replies

Advocate Rohit (Advocate)     02 August 2013

deepak, you need to show the documents based on which proper opinion could be given. Regards, Advocate Rohit Dalmia 9324538481 Mumbai

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 August 2013

1The Maharashtra Ownership Flats(Regulation of the Promotion, Construction, Sale, Management and Transfer)Act,1963(“the MOFA”)has been enacted to regulate the promotion, construction, sale, management and transfer of flats sold on an ownership basis within the State of Maharashtra. The MOFA is an important piece of legislation as it lays down the responsibilities of real estate developers / builders in respect to flats sold by them and conversely the rights of flat purchasers within the State. 


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