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Om Ali   23 May 2024 at 12:50

Builder money fraud on property, refuse to give back money

Dear Sir
Good Day

Hope you all are doing well

I went to buy apartment in 2017 and had paid total of 20 Lakhs of rupees till Dec 2019, and all those financials were handling by my parents, since I am working in hyderabad City. I had planning to travel to see the development of the apartment but unexpectedly covid pandemic.
And on Sep 2022 went back and surprise to see that the apartment was already sold out to someone.
The builder informed me that wherever you complain no issue. I then went to commissioner of police and lodged complaint, since no result over month period, I then lodged DGP police complaint and local police summoned me and asked to provide all the documents, which I did and had said that they will summon builder and investigate, all lied by local police then I travelled back but on the day of my travel builder came to local police station and handover 3 PDC each with 5Lakhs and every PDC three months gap.

At the beginning of May 2024 I hired local advocate to deal the case, he went and meet Inspector, SI and AC at station, advocate had informed me that the builder will settle money of five lakhs in cash in May 2024 and will handover 5Lakhs cheque Jun and Jul 2024 as Cash, but on 13-May-2024 advocate called me to come to police station to collect cheque, but when I went there he handed over the same 3PDC where builder handed over to local police station and informed to collect the original agreement.
The advocate forced me to sign the letter (in local language, I don't know).
In that letter. I would like to highlight below

1- I went to complain to commissioner of police along with my sister on 10-Nov-2023, Please note that I went alone and my sister arrived to Chennai City from Abroad only on 25-Mar-2024 after Covid pandemic.
2- The letter prepared on 10-May-2024 but presented on 13-May-2024
3- In that letter, mentioned that I went to complain for 15Lakhs, but I lodged a complaint of amount 20Lakhs rupees
4- In that letter they had mentioned that I accepted the offer of 15Lakhs rupees from builder and agreed to close the case against builder, which is absolutely false because I don’t know Tamil language and they forced me to sign.
5- I took the cheque and deposited it in bank and it was rejected and I know all of them are playing the builder, advocate and others.

It is like nightmare to get back my money from the builder, don't know where to complain, what action needed to take, to whom I trust? don't know.
I complain to CM Cell three times and local police closed
Personally went to meet DGP office but met the Inspector, went to complain to Police commissioner but met grievances cell Inspectors
Went to meet DCP and explained all in details but again went case to local police

Kindly advise how I get back money 20Lakhs and my sister 15Lakhs from the builder
I will be really grateful for all your advises,

Thanks you all with all for your time reading and suggesting.




Thanking you
Samy

Anonymous   29 June 2022 at 08:18

Existing home loan on to be redevelopment builder

I have a home loan of Rs. 28 lac on My one BHK flat in Dombivli Since 2013. Now the building is going for redevelopment and the builder wants noc from Financial institution. I met AXIS Branch Manager, he is refusing due to security. I told him that mortgaged flats area is getting bigger in redevelopment as we are getting addl. area. We are doing indivisual aggreement. But he is refusing. Builder is telling there can be a tripartite agreement between Builder, bank and me, but Bank is telling to clear the loan which is not possible for me now. What should I do Please guide me.

Mahesh Aswaney   27 June 2022 at 21:16

Repossession of flat


I own a flat of 600 sq ft in A COOPERATIVE HOUSING SOCIETY IN GHATKOPAR WEST ,

MY GRAND MOTHER HAD LET IT OUT IN 1968,
The rent was fixed at Rs 120 PM and ever since then it continues till date .
The SHARE CERTIFICATES ARE IN OUR NAME AND MAINTENANCE BILLS ARE ALSO IN OUR NAME .

NOW THE SOCIETY HAS JUST ISSUED A LOI FOR REDEVELOPMENT .

QUESTION :
1.00 CAN WE EVICT THE TENANT (HE MAINTAINS IT WAS UNDER PUGDEE .(OUR CONTENTION IS THAT IN A COOPERATIVE HOUSING SOCIETY PUGDEE IS INVALID .
HE HAS NO DOCUMENT TO PROVE IT )

Q: IS THIS CONTENTION CORRECT .

2.00 THE DEVELOPER HAS OFFERED 300 SQ FT ENHANCED AREA .

CAN WE ASK HIM TO COMPENSATE FOR THIS AT THE CURRENT RATES .

AND REACCOMODATE TENANT AS A TENANT IN A REDEVELOPED FLAT OF EXISTING AREA ,OF 600 SQ FT 

IN INTERVENING PERIOD OF REDEVELOPMENT TENANT CAN GET RENTALS FROM DEVELOPER .

Q 3 WILL THE AAA BE SIGNED WITH US OR OWNER .

OUR STRATEGY IS AFTER REDEVELOPMENT WE WILL ASK FOR RENT AT MARKET RATE FAILING WHICH CAN WE ASK HIM TO VACATE ?.

IS THIS POSSIBLE 

PLEASE ADVISE ON ABOVE OR ANY OTHER ADVISE WHICH WILL HELP US RETRIEVE THE FLAT .

(LASTLY THE SOCIETY HAS 81 MEMEBER’s AND 12 no’s ARE TENANTS .

7 OUT OF 12 HAVE NEGOTIATED TRANSFER OF OWNERSHIP BY RECEIVING 1/3 COST OF FLAT I.e RS 57.50 LACS (ON BASIS OF PUGDEE HOLDING)


Please advise framework of notice to be served on tenant .

Muthukumar   06 June 2022 at 21:25

Change of private path

I am from Virudhunagar Tamilnadu. There is an ancestral property from my mother's side in Virudhunagar Town limit. After my grand mother, the property was divided into 3 portions. There is a L shaped private path that is used to connect to the main street.

My mother has given her portion as Gift deed to me.
Now, we want to change the private path to a straight path. My aunts are ready to change the path and register it.

The land of the L shaped path would be given to one of my aunt and she will give land for the straight path.

Is it possible to change private path in Tamilnadu?

Ramkrishna   03 June 2022 at 22:57

Laying water metrrs in apartments

Sir,
In our apartment where an unregistered society is running affairs of the apartment has taken a decision to install water meters without approval of the members concerned.
Now that association has been dissolved and a AD HOC committee was formed by the so called association which has not been registered.
The outgoing President who is not even in the AD HOC committee has started laying pipe line’s and installing water meters from his own pocket and has been threatening to stop water to those who do not pay him for the installation. Many are against the meters, but this person with support from a few members are making the members of the apartment miserable.
Please advise.

Anonymous   29 May 2022 at 20:12

Noc in bank format for resale of flat already mortgage

I am single owner of property and i want to sell my flat. I have an outstanding loan from a bank for 22lakhs which will be offset by bank transaction when buyer will be able to get the disbursement from the same bank and branch.
I have been reaching out to society secratary to take advise whether he will be able confirm that there is no issues what so ever in bank format of noc and society can give us sign once we submit the sale agreement copy.
However he is delaying replies and not even bothered to reply us in timely manner, he is just saying he will speak to advovate and let us know and advocate is on leave and doesnt know when she returns back form her leave.

Also i have medical emergency because of which i need money and want to close loan as its getting difficutl to pay hence selling it off.

The bank has provided request letter as well so that they can create mortgage and close this transaction via bank

1. Is registration mandatory to be done
though we are unsure about whether society will give NOC in bank prescribed format or not?
2. Is society NOC really mandatory for bank to disburse loan
3. What to do if society is nit entertaining me though all dues with regards to society are very clear from my side.

Can someone please help me here🙏

Anonymous   23 May 2022 at 20:55

Sale of pagdi shop

Hi,
We want to sale shop which is in pagdi system (45 years old). I want to ask the applicable Taxes/ GST/Surcharges etc. which will be applicable. Are all of the above taxes applicable on seller? Thankful if you can explain by example.

Anonymous   21 May 2022 at 04:20

Common passage

This is the situation which Plot A which is situated as the out house and Plot B facing towards the road
If I have to reach Plot A I have to cross by the Plot B to reach A , and also the Staircase.
Documents on Plot A mentioned as ''This common passage and staircase belongs to someone else" (NO Name mentioned)
Not sure what is mentioned on the Plot B documents
Both the Plot owners are not brother or known person
Need to sell the Plot A how can i sell
what's the best way possible

Anonymous   17 May 2022 at 12:07

Regarding housing plot

Respected Sir,
We had bought DTCP (Director of Town and Country Planning) approved plots in proximity to Shamsabad Airport, outskirts of Hyderabad in 2005 and secured our plots with fencing.
Now after a long gap of 15 years, one person filed civil suit against all plot holders that the entire land in which plotting was done was bought by him via SALE DEED even before the plots were sold to the plot holders and that the entire land belongs to him. We had bought plots only after checking the ENCUMBRANCE CERTIFICATE, i.e. if those plots which we were to buy were free from all ENCUBRANCES. The ENCUMBRANCE CERTIFICATES SHOWED that Plots were free from all ENCUMBRANCES. Where do we (PLOT HOLDERS) stand legally.
Second point is, Notices regarding Civil Suit (filed by person claiming entire land) received by only few of the plot holders and they are preparing for a reply. Now if the remaining plotholders (who have not received notices) do not join in the Reply to the Civil Suit, would their plots be EXPARTEED in favour of the Petitioner. Kindly reply Sir. Thanks in Advance.

Jit Esh   10 May 2022 at 14:04

Transfer of father's house when there is no registry.

My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.

In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.

What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.

Thank you.