Anonymous
10 February 2019 at 13:59
Hello sir,
I have purchased a flat in an unconstructed redevelopment project in 2014.
I have already invested approx Rs.55 lakh
The builder constructed 5 slabs out of 13 slabs and have stopped construction in 2015.
The society have filed appeal in Mumbai High court and court had suggested for arbitration settlement.
Recently the arbitrator have passed an award for termination of the developer.
My question to you is what would happen to all the buyers who have purchased the property from the developer.The society claims that along with the developer,all the third party rights created by the developer stands terminated since there is no Triparty agreement between society,developer and buyer.
If we plea in high court against the builder for our refund,it looks impossible as the builder is in bankrupt condition.The only solution looks to be that we get our property.Please guide us in this direction.
ROHIT
10 February 2019 at 12:10
I have a property at bareilly in UP measuring 4409 sq Meters with a circle rate of Rs.50k per sq meter..It was bought by my grandfather many years ago and he wrote a will in which he mentioned that 1/3 of share will go to 3 sons he had but a clause in it that they cant sell the property Only my grandsons can sell it again with a clause that each of my grandson will first give the offer to sell to the other ..if none agrees to buy it then he can sell his share to an outsider ..All the grandsons are dead except me as the youngest of them ..The matter is in the court with a " stay" to sell it to anyone ..I want to offer my share to both the families of my brother to buy it ..The case is nearing to the final stages and I am looking for a lawyer based on commission basis to fight my case in the court ..
All the respected lawyers who know any one of their colleagues or any friend who can fight the case of mine staying in barielly or near by can please leave their mobile number for further discussion...thank you
Prabodh Kumar Acharya
10 February 2019 at 00:50
Sir, Whether in a Partition Suit, is there any legal compulsion to make necessary parties to some co-sharers, whose whereabouts are not known and they have never come to the village for over 50 years to claim any of their property rights or mesne profits. I am also sure that they will never come to the court if the partition suit is filed. There is also no chance that they will be able to know regarding the partition suit to be filed after a short period of time. The co-sharers who are present and available, they will be made necessary parties, but those who are not present and whose addresses can not be collected after due diligence, those will not be made as necessary parties.
So, I am in doubt, that, is there any legal impediment to file a partition suit by ignoring those co-sharers whose whereabouts and addresses are not known and they have no claim to their property rights for over 50 to 60 years. Is there any judgment of The Supreme Court or any of the High Courts.Please, enlighten me regarding this issue.
Anonymous
09 February 2019 at 20:09
Sir I want to purchase a four wheeler on my name on loan from bank. Can my wife claim her share on it. Loan will on my name and I have to pay the instalments. A divorce case is also running between us for the last 3 years. Kindly suggest about her percentage.
Pandurang Pai
09 February 2019 at 10:18
Can a Coop Hsg Society member who also owns a Motor Garage in the same society premises, and has also given out his(only) flat on rent, apply for additional car parking slot?
Chinmoy Paul
09 February 2019 at 00:17
My mother purchased a property through his own fund in my name in 1962 when I was 17 years old and was studying in college. My mother expired in 1998. Now in 2018 my younger brother send me a court notice claiming that he has also right over this said property since the purchase price was paid by mother. I would like to know the legal opinion in this respect.
Supreet singh
08 February 2019 at 09:26
Hello Law experts.
If a plaintiff has lost his cases in previous courts and he filed an SLP in the supreme court and his Special leave petition is dismissed by Hon'ble Supreme court.
Q1) Can he file a new case now in any court now?
Q2 If the lower court accepts the case by ignoring the SLP, and the case is going on for 4 years. Can it be dismissed?
Anonymous
07 February 2019 at 22:16
Dear Sir
One of my relative has purchased property for 54 lakh. The deal was finlised and notorised on 17th sep 2018 where in this notry 3 months period was tkaen to complete the contract. But the loan procedure was delayed and the agreement of sale is done on 5th Dec 2018 before 3 months of complition of the period mentioned in notry.
in this agreemtn the period to do the sales deed was 25th dec 2018. but in the search report of LIC there was one document required from the seller, which was not with him or in his bank from where he has taken loan. then LIC published notice on 21st dec 2018 asking people to reply within 15 days.
No one took objection LIC proceeded the loan file and issued a cheque in favour of sellers bank loan a/c on 14th Jan 2019. but the seller refused to do sales deed as he said that the deed is not completed in time period and it is buyers fault and asked to pay rs 100000 more and rent for 2 months as he said that he has taken another house for rent but he is living in the same property.
The buyer issued legal notice to him on 23rd ?Jan 2019 asking to complete the sales deed in 7 days. The seller deposited the security cheque on same date which was given by buyer. the cheque returned form the bank satting reason signature mismatch.
after that he agreed and the cheque from LIC is deposited into his bank loan account on 1st Feb 2019.
The cheque was cleared on 2nd Feb 2019. One 4th Feb 2019 the seller replied to the notice of seller refusing delay from his side and sated that he will file case of 138 aginest the buyer and not ready to do the sales deed.
Can he file the case of 138 as the payment is already done by LIC. Can the buyer complete the sales deed by court?
How much time it may take?
Can the byuer get penality charges form the seller?
Supreet singh
07 February 2019 at 17:25
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I have electricity, water and property tax. We don't have EC, land purchase document. How to get patta. It is private land.