Neeraj
19 June 2016 at 11:07
Hello Sir,
I have purchased a Duplex around 25 lac offer letter date 26/11/2010 thats having a clause " construction work will be started in phase manner and tentatively will be completed on or before 36 month , however if the completion is delayed due to any reason , such period shall deem to have been extended and second party shall not be entitled to get any compensation from us for such delay"
and for delay in payment by buyer up to 90 days 18% interest if more than 90 days 24% will be charged
i have paid 90% payment already they have changed some payment scheduled in offer letter and demanded increased payment on I,II, IIrd installment
at present still we are waiting for possession and duplex in flooring stage they are delaying its possession date day by day.
My Question
1) shall i file case in district consumer court for RENT amount we paid from Dec 2013 to till date, mental Harassment for living in rented house because of delay and interest on increased amount of installments as compare to original offer letter
2) Is there any remedy in New Real state bill for existing contracts
3) as per above mention clause our case is weak ?
4) what other compensation we can demand
Santosh
19 June 2016 at 02:44
Hi,
I have a property of around 1500 sqyards in Visakhapatnam which I have planned to give to builder. In year 2013 I got into agreement of 35%of my share and 15 lak cash. He has given token advance of 8 laks.This agreement was not registered. However builder did not progress and I had to move out of country on my job. I have done multiple follow ups and in 2015 Dec he has proposed that he will give my share of property in apartment that he is constructing in land beside my site.He asked me to transfer my land to his name in return. As I was not in india I wanted to go ahead with this proposal and agreed and given power of attorney to my mother. On agreed registration day ,my mother along with some relatives went through the documents and found that he is trying to cheat us. We have asked queries about the whole transaction. We haven't recieved satisfactory answer hence we stopped registration.We have opened ourselves for discussion with middle person as I am not in india. Now he has issued a legal notice on me and my mother saying that we are delaying the process.He is pressurising my mother who is senior citizen. He has delayed,changed his stand and now forcing us to get into contract. Please advise what should be my reply to legal notice. I have recieved notice through email.Firstly I want to relieve my mother out from this .Secondly I don't want to continue with that builder. Iam ready to payback.Do we have any laws safeguarding rights of landowner.
Request your valuable input.
binay
19 June 2016 at 01:48
I am an advocate but today I seek opinion regarding the right of a tenant.
If property is aloted to a tenant and after 37 years of the ROR government say it is government property and issue notice to vacate the Land. Experts please help me
Babblu
18 June 2016 at 16:40
Sir my grandfather made a gift deeded a land on my mothers name in 2002 later my mother has experied later in the year 2014 me and my brother divided the land into half half and registerd in the registration office. In 2015 my grandfather made a revocation deed without informing us and made a selled deed to other person. How can be it possible and what should we dooo now kindly help me...
Himanshu
18 June 2016 at 12:02
Hi Friends
i have a query
our house is in the name of my grandmother. she expired two years ago.my grandfather is also no more.
they had two children i.e my father and my aunt(buaa). my father expired one year ago.
so i want to know what is the procedure to get this house registered in the name of my mother.we are three children (one is minor). my aunt i.e buaa ji has no objection regarding that.
house is self earned by my grandfather. purchased in 1991 and during there is no sale purchase. so plz tell me what is the procedure....sorry for my bad english....
pauldaviesthekkanath
18 June 2016 at 02:24
My father has handwritten his will with two witnesses signed . After his death the property is transferred to my mother's name. According to the will, property can be transferred to my name after my mother's death.Is it possible to transfer the property without the original will, in case original is lost ? The original will was produced during the transfer to my mother's name
Waseem
18 June 2016 at 01:22
My father had 5 acre non cultivable waste land, he died in the year 2000. After his death, me and my 3 brothers became the joint owners of the land. In the year 2002 we got the land mutated in our names without getting the property divided by metes and bounds. Later, we all agreed to convert the land to Non Agriculture make Plots and sell the Plots. My other 3 brothers were residing in far off places and were not able to be an active partner in the joint property. Hence I was the active partner, they agreed to pay 15% commission on the profit for my work as an active partner. Also, I had incurred lot of expenses in leveling of the land, making of roads, drainage system, NA Fees, Layout approval fee etc. The land now is ready for sale. But my brothers are denying to pay the commission and even not willing to reimburse my expenses.
As I had trusted my brothers a lot, I never bothered to have an MOU or Agreement in place before proceeding with the development work.
I consulted an advocate for the same issue, he suggested that I file a suit against them and have to produce all the bills with respect to the expenses incurred.
Please let me know if there are hopes of me getting my expenses reimbursed and getting my commission if I file a suit in the court.
Waseem
18 June 2016 at 01:17
My father had 5 acre non cultivable waste land, he died in the year 2000. After his death, me and my 3 brothers became the joint owners of the land. In the year 2002 we got the land mutated in our names without getting the property divided by metes and bounds. Later, we all agreed to convert the land to Non Agriculture make Plots and sell the Plots. My other 3 brothers were residing in far off places and were not able to be an active partner in the joint property. Hence I was the active partner, they agreed to pay 15% commission on the profit for my work as an active partner. Also, I had incurred lot of expenses in leveling of the land, making of roads, drainage system, NA Fees, Layout approval fee etc. The land now is ready for sale. But my brothers are denying to pay the commission and even not willing to reimburse my expenses.
As I had trusted my brothers a lot, I never bothered to have an MOU or Agreement in place before proceeding with the development work.
I consulted an advocate for the same issue, he suggested that I file a suit against them and have to produce all the bills with respect to the expenses incurred.
Please let me know if there are hopes of me getting my expenses reimbursed and getting my commission if I file a suit in the court.
Dhananjay Korpade
17 June 2016 at 18:00
Dear Respected,
My Friend needs urgent help he cannot explain so i am trying to help him the concern is as follows.
1). They are 2 brothers and 1 sister. Mother passed away without making any will. She had a flat in MAHADA Mumbai They want to transfer that flat on his sisters name as good will.
2). Society has been formed and the mandatory 5 years you cannot sell the flat has also lapsed.
3). Mahada people asking Succession Certificate.
4). WHen they met a lawyer the lawyer said you dont need succession certificate but pay all dues to the society if any then take NOC and also Take NOC from the brothers and submitt it in MAHADA they will give NOC for transfer.
5). What is the actual rule can anyone please let me know or any notification to this effect.
5). According to them the 5 years have lapsed for not selling the flat and the society has been formed so the society has the responsibility to take care besides mahada NOC.
Regards
D'jay
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False case by contractor
i had given contract for construction of my house to local contractor. he made contract not on his name but on behalf of company perfect solutions ,due to his decent behavior and a known person in between i had given contract with material without verifying his company details . after 6-7 months his speed of construction was very slow and he used to start sub-standard material and unskilled labor for skilled works.for each work he started to ask for extra payments which was included in contract .Due to which i had to ask him to stop work ,he started to say that i had to pay 15 lakhs to him. than i hired a govt. approved property valuer who assessed value of works and gave report that contractor had already taken 5 lakhs more than required for this work. i sent him cancellation of contract notice through lawyer and filed case in consumer court.after cancellation of his agreement i made agreement with other contractors for completing my construction work and to whom i had paid through cheques and i had receiving from them also. I submitted RTI in commercial tax deptt. to verify about his company and i got reply there is no such company and there is no any company related to him.also he has taken most of amount in cash and very less amount in cheques.at present it seems that he will lose case in consumer court , fearing that he filed case against me in civil court with plea that he has completed all work and his payment is due..what i should do now .whether i complain about him in income tax department .please guide me because i had taken huge amount of loan and i have all bills and agreement with other contractors who have completed my house construction work .thanks