Gurdeep
19 May 2011 at 17:13
Hello,
I have given a token of 1 lac for a flat in malad west. 50,000 Cash and 50,000 check. We have signed an MOU with the seller for the above said flat. Cost of the property is 36L but the valuation of the property is not coming till 36L, so we are not getting the amount of home loan to complete this deal. We were also wrongly informed by our brokers that we will take care of the home loan and they approached every bank and financial compnies but we are ot getting the the ammount we need to complete this deal. When the token was given the owner told us he will be using th money because his dad id in icu and is the reason why he is selling the flat. Now since we cannot complete the deal we have canceled the aggrement. As per mou if the deal is canceled from us he will cut 10,000 and return the balance ammount back. We took a meeting with the owner and told hime that we are not getting enough loan on the property and that my brokers have fooled us that we will get enough home loan on the property, we gace him 2 options one is the cancel the deal and return 90,000 back and second that we are falling short of 3 L and sell the flat to us in 33 Lakhs. The owner tolde he will not sell the flat for 33 lakhs and will return 90.000. First he was giving us a 90,000 check without date and told when i am able to sell this flat he will give the money, he told us he will be able to sell the flat in 10 dsys so we insisted him to put a date on check and he gave us post dated check. Now 2 days are left for the check date and the owner of the flat is still not able to sell the flat and telling us not to put the check. He was also forcing us to buy the flat and he will wait for some time for the remaining money. We have gien the owner time to put the money in the account but he failed to do that. Now we fear that the check will either bounce or he will stoppe payment. What actions can we take against the owner if any of the above cases happen. he is failing the terms of the paying back the money in said time can we take full 1 lack back and charge him 10,000 the way he was charging us. We need this money urgently because we have a different flat booked.
Please advice
Anonymous
19 May 2011 at 15:35
Was not it a settled law already,what is new about this decision of SC:--
Coming to the aid of landlords, the Supreme Court has ruled that recalcitrant tenants can be forcibly evicted by the police if they fail to vacate the premises within the deadline given by the court. A bench of justice Markandeya Katju and justice Gyan Sudha Mishra said that it was passing the extra
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ordinary order as it was vexed with the increasing number of cases in the country where tenants are refusing to vacate despite orders from even the country's highest court.
"We further make it clear that when this Court allows the petition/appeal of the landlord or dismisses the petition/appeal of the tenant and grants some time to vacate the premises in question and if the tenant does not vacate within the time granted, the tenant shall be evicted by police force.
"This is a general direction we are passing because we are coming across several cases where the tenants are not vacating the premises in question despite granting time by this Court or despite furnishing an undertaking to this Court with a result that the landlord has to initiate contempt proceedings or any other proceedings.
"Hence, we give a general direction that when tenant's petition/appeal is dismissed and he is given time to vacate then on the expiry of that time, he will be evicted by police force if he does not vacate of his own. If any extension of time to vacate is desired, that application should be filed well in advance," Justice Katju writing the judgement said.
The apex court passed the order while dealing with an interlocutory application moved by a tenant Ram Prakash Sharma seeking further time to vacate his rented premises.
"In the facts and circumstances of the case, time to vacate the premises in question is extended till 31st August, 2011 and if the tenants do not vacate on or before the said date, they will be evicted by police force," the bench said in its order.
Early last week the bench had summoned Delhi's Additional District Judge Archana Sinha for giving a stay on the eviction order passed by the apex court.
Furious at the judge's conduct, the court had directed the Chief Justice of the Delhi high court to initiate disciplinary action against the lady judge.
http://www.hindustantimes.com/Evict-recalcitrant-tenants-by-using-police-force-SC/Article1-698688.aspx#disqus_thread
Please rspond.....
Anonymous
19 May 2011 at 13:46
Dear Sir,
I am the only son of my parents and I have one younger sister. I am married with my uncle’s daughter and residing in Bangalore. My younger sister is married and settled in abroad. My father is working in abroad and living with my mother.
Our residential property in Chennai is the ancestral property belongs to my grandmother (My Mother’s Mother) which was given to my grandmother by my grandfather by jeevanamsam in Chennai court. In the year 80’s my grandmother gave the property to my mother
After 30 years, my parents have sold the house without mine and my sister knowledge and received the money from the buyer who is our recent neighbor.
At the time of selling, the property was in the name of my mother. I would like to know whether we have rights to claim for the property share or property money or issue notice. Even my sister is not supporting me to file the case. Right now I am jobless and I cannot afford to pay for the lawyer who works for me. Whether I can make payment agreement with the lawyer in the form of commissions?
Please help me.
JOTHIKUMARAN
19 May 2011 at 13:30
Dear Sir,
I am the only son of my parents and i have one younger sister. our residential property in chennai is a ancestral property.
Anonymous
19 May 2011 at 13:15
I purchased a Commercial Building (CB) which was being built by a Builder from Delhi, from a Real Estate Agent (REA), acting as the director-(proprietor) of his real estate Pvt. Ltd. Company and entered into an Agreement to Sell (ATS) with him. I paid him the Ernest Money (EM) and as per written T&C, I was to pay him the balance full & final amount at the time of handing over the completed CB by him. In the ATS there was no mention or involvement of the builder and the ATS was signed between Me (Purchaser) & The REA (Seller) acting as the director-(proprietor) of his Real Estate Pvt. Ltd. Company. As the CB is and was under construction at the time of signing of ATS and it was likely to take approximately two years to build, the Seller (REA) showed his inability to provide a date for final settlement of the bargain and he said that he will intimate it to me later, when he actually takes the possession of the CB from the builder. So it was mutually agreed that when the REA takes over the possession of the CB from the Builder he will intimate the same to the Seller immediately, and then, the final date for Balanced Full & Final (Total amount-EM) payment and Closure of the Bargain shall be decided. The same was reflected in writing in the ATS. Also at the time of agreement he was asked by the Purchaser to show the Original Documents along with the payment receipts to the builder as well as give an attested photocopy of the same, which he said he will show & provide them later, as he has still to collect them from the Builder. The purchaser agreed to that in good faith at that point of time, believing he will honour his word, because REA (The Seller) claimed and showed to be a follower of Brahmkumari Sect having own established company and appeared to be a good man. However the REA has failed to either show the originals or provide the attested photocopies of them to the purchaser till date in spite of repeated verbal and written requests. However after about six months the REA wanted that the purchaser should pay him the Balance Full & Final amount as per ATS, and then close the ATS at a date in between with REA and should get transferred to the builder so that the additional further payments be paid directly to the builder by the purchaser as per certain construction linked plan and thereafter when the CB is ready then the purchaser shall take the direct possession of the CB from the builder. Thus he wants to collect all the money from me without actually handing over of the CB and get clear of the deal with neat profit, leaving me with the Builder. He had fixed a date (31st March 2011) as the final date, but I refused. I told him that I had entered into ATS with you and I will only pay you fully and take full possession from you when the completed CB is in your possession. Also because I am going to pay the full amount to him (the seller-REA), it is my legal right to take the full completed possession of the CB in all respects along with all relevant documents from the Seller alone. The REA then started to threaten me and said he will sell the CB to somebody else and also forfeit my EM if I do not accept this proposal. He has even influenced the witnesses (may be with money or they might have entered into a conspiracy to befool me) to the ATS which are well known to him and is making all sorts of stories to frighten and threaten me. I am a retired Ex-Air Force Officer and I have used my earnings as well as retirement funds to pay the EM to him. I told him that he cannot resell the CB because he had already signed ATS with me and also cannot forfeit the EM paid to him. I even wrote to the builder. Both of them had not replied to me. I have repeatedly sent letters and emails but he does not reply. He neither showed the original documents nor sends their photocopies. Presently I do not know what to do. The ATS was prepared in his office on the stamp paper purchased on his name by his staff. It was signed by both of us and two witnesses present at the time. The ATS was not notarised, when I asked him regarding that he said that notarisation is not required. He gave me the original and he kept a copy of the same. One witness was probably his staff member whom I did not know and the other person was his front-man/promotion agent/salesman etc. etc. This person was earlier working with some other Realtors who expelled him and had always tried to act very friendly with me because he wants to sell properties to me thus making his side-commissions and now claims to be my friend who had signed as witness on my behalf. I feel now they have cleverly entered into a conspiracy to cheat and hood-wink me. I did not know whether the ATS was required to be notarised at that time, however later on I came to know that it need not be notarised. Here my question is at this stage where do I stand? Can he forfeit my EM and also resell-is it legal? How can I prevent him from doing so and get stay from the court at this stage? Whom should I approach? Can I file a criminal complaint for cheating now or have to wait till he actually enters into another sale with somebody? I have no means of knowing if he makes an actual sale as he himself will not tell and builder is also not likely to inform me.
Anonymous
19 May 2011 at 12:41
Respective Lawyers,
Unde section 10 sub section(2) of the maharahstra ownership flat act once the declaration register and inform registered under MOFA act, it shall not be lawful to form co-operative
Is there any authority/ bombay high court case law on that?If yes kindly send me citition of the same
Anonymous
19 May 2011 at 11:33
There are 3 Son and 2 Daugters Staying with Mother.
Mother age about 75(uneducated) has House owned (earned) by her husband (Father).
Now Two Sons wanted to sale the house & they are trying to take sign or pressure to mother for selling the house.
But that 1 Son dont want to sale the house.
Please guide me what document mother has to make for stopping them to sale the property and before selling the property consent of all the legal heirs should be must. Without consent of other legal heirs that two Sons should not sale the property. Please guide me for the preparing proper documents to stop them to sale the property.
Thanking you!
Anonymous
19 May 2011 at 11:06
Dear Experts,
property is in the name of X, X died in 1992, property got registered on X son Y name in the year 2008, Y has one daughter and one son, daughter eloped in the year 1996 and now that daughter is claiming her share in that property.
How far the daughter is eligible to get the share ?
If She approaches court will she win the case.
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