murali
15 September 2014 at 16:54
from
murali
bangalore
real estate project developer ( plotel project ) not available for the investors , legal remedies required
brief about the issue
a) 3 years back ( 2011 December) one plotel project was lauched in bangalore with all latest amainatiees & huge advertaisements its about nearly about 70 acer project ( phase 1 & 2)
b) nearly 600 to 700 plots derived & all the plots have booked/ sold , few with advance booking amount with receipts , few with agreements & few plots sold also with following registration process also ( BMRDA 60% released plots ) & 75 nos of villas bookings with huge booking amount collected ( there are 4 kinds of investors receipts holders , agreement holders, registred plot holders & villas booking holders ) & plot registered holders
c) actually from the side of developers 2 different companies involved one company is land bank holder & one more is marketing company , from lost 18 months this marketing company is sidelined by the land bank holder & they are no more available in bangalore & land bank holding company is from delhi , they are not available in bangalore & till today no one from the company reached the investors & they are not responding to letter communications also
d) now we all investors nearly 250 members gathered & formed a registered investors association to fight against the developers
before enacting against the developer we need a proper guidance from the legal experts
so that instantly developer should deliver the project to the investors without any delay in time
we all members have decided to act against developers in various angles, pls corrct us
if any will not be effective procedure it will be very much help full
a) we decided to first file a police complaint from the association also individually from all the investors & the paper publication againest the developer followed by RTI application to the
police station for action taken by the police department
b) we are confused for the next step whether we need to file a cheating case PCR in the criminal court are we need to file a civil suiet againest the developer
c) can from the association we can file writ petition ,
1) seeking the control of the project property to the association or without association NOC
developer should not do any activity like fresh marketing activity for new customers
2) can all the investors claim compensation for delay in project completion
3) can we freeze all bank transaction & other activity of the developer till the commitment
from the developer
d) or any other effective proceedure to be followed in this kind of situation , we need to know
e) can we approch Competition Commission of India// consumer forums for effective approch
please we need experts advice the same
thank you
Dennis
15 September 2014 at 16:12
Dear Friends,
We purchased a property in Karnataka (rural) in the year 2005 from the Original seller. Now there are corrections to be made in Measurement only (the Original seller has expired) the sellers wife is present.
Can I do correction in the sale agreement with the help of the Seller's wife.
1. What are the documents I should have?
2. Is the correction legally valid?
3. Will there be any dilution in Original sale deed?
4. will the registrar demand any additional payment?
Seek members guidance in this regard.
Advising Seeker
15 September 2014 at 15:50
Hi,
My great grandfather took a property on lease in 1946. It was given in his name. he had only son but had 4 brothers. He allowed them and their family to live in that property since then. Till the date he was alive, he did not make any partition deed and his brother wanted him to divide the property equally but he did not. He died in late 70's and till that the property was in his name even after his death as well. In mid 80's it was renamed in the name of his son (my grand father). His brother tried hard to get the share into it but could not. they fought with us but couldnt get any share though they are still living in the aforesaid property. The leased property was successfully renamed in the name of my grand father. The House tax is being paid by my father and grand father (till he was alive).
Later, in 1984 they (4 brothers) came up with a partition deed, which was unregistered and started saying that it was equally partitioned in 1950-51 with the consent of my great grand father (at the time when my great grand ftaher was alive). now they have filed a case to get their shares. We are sure that it was fabricated after the death of my great grand father because we found a document written by one of his brother to the governing authority saying that the Partition Deed was prepared ORALLY.
Property is in the name of my Late Grand Father and he had given all his property to his only son through a will.
My query is that how can we challenge this partition deed? Is it (partition deed) required to be registered? Please suggest me what to do now and how to tackle it?
Akshat Singh
15 September 2014 at 12:29
Hello Sir,
Can I buy a residential property in the name of my wife who is non-working ? How would the home loan work then ?
anu rama
15 September 2014 at 12:19
Dear Sir,
my father sold a small piece of land to a party in 1994 and it ended smoothly. then in 1999 the same party wrote on the back of the same 100 stamp paper sale agreement saying my father has received an advance for another piece from the same plot and forged my father's sign. my father denied this and the report said it was a fake sign. in 2005 they filed a suit against us for specific performances. i would like to know if a sale agreement is valid for only 3 years then why would the court take up the case?
kavkaz
15 September 2014 at 11:00
Hi,
I have filed a case in Cooperative court and the Respondent/Opponent had delayed to file W.S.for actual 130 days beyond 90 days and Respondent/Opponent had mentioned by misleading the court in Application of condonation that the delay caused is of 22 days beyond 90 days from the date of summons till the date of filing W.S.
My queries are as below:
1.] In such circumstances which section of Law will be applicable for such an offence of misleading the court?
2.] In such a huge delay of 130 days, can the court accept the W.S.? If yes, then please guide me the necessary procedure to appeal for such an acceptance of the W.S.
Thanks in advance for your replies.
Anand Anand
15 September 2014 at 00:29
Dear experts my friend purchased land in 1993 with sale deed nt registered.recently got impounded.the purchased property is ancestral divided into joint property but the property was sold to my friend who was patteddar of the said land.since then my friend is in possesion of the land..can my friend get possesion title??it is been more than 20 years my friend has possesion over the said land.experts suggestions are needed.
tushar
14 September 2014 at 21:49
A purchased a residential premise from B by a regd sale deed on 31.03.2014, which was possessed by C, aunty of B. B promised to vacate the premise by 35 days next to sale deed. After a period of 3 months A went to the property but C dint allow him to enter into the property n pushed him out with quarrel. Then, C gave complaint to police station against A, and A complained agaisnt C and B of cheating n illegal possession. During primary investigation, it came to the knowledge that C got an order of court in a civil suit to remain with adverse possession against B therefore both the parties withdrawn their complaints. Now A wants to file suit for possession against B and C.
now the point on which I am confused is what suit to be filed ? What oought to be prayed ? What would be the proper court fees ? A brief or full particulars of fact to be stated therein ??
Plz suggest me
Prem Dhawan
14 September 2014 at 18:45
Dear Sir/Madam,
I have a flat which I can lease out. But would like to have clarification on couple of matters.
1) The electricity meter is on my name. So the electricity bill will come on my name.
How to tackle this?
Can/should the tenant take the Electricity connection on his/her name?
2) The monthly flat maintenance is sent to my name. Can/should this be changed to tenant's name?
Thanks.
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Commercial activity
I wanted to know if there is any government notification passed on the use of a residential flat for commercial activities?