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.
Anonymous
19 May 2011 at 01:58
I am a real estate agent,situated in west Delhi,I want to contact the gentlemen or ladies,who can prepare "legal search reports of properties" of west Delhi.
Please contact me on electracreamy@gmail.com
Hope I am not breaking some Norms of LCI,if I have done some thing wrong in posting this query,sorry in advance...
MOHAN ILAYARAJA
18 May 2011 at 22:32
Dear Experts,
Father, and two sons made registered partition of the self acquired properties of father & ancestral properties and also got signature from the mother as witness in the year 1996.
Mother died in the 1999 and father died in the year 2001.
The required clarification is these partition is happened without the knowledge of the only daughter who got married in the year 1985 itself.
can the daughter file a suit for partition against her brothers for the properties in the partition deed.
Anonymous
18 May 2011 at 19:50
my wife is a daughter of a farmer in gugarat and we want to bye agricultural land in Gujarat.
father of my wife is not ready to give her rite to be a farmer on there ancestral land property. can you guide us for the same.
Anonymous
18 May 2011 at 17:15
Dear Sir,
I have got order from court (Dandadhikari) regaring registration of my name in 7-12 in favour of me.But Talathi is not ready to do so.
So I want to file a case against him for contempt.
Request you to tell me that ,
1)After how many days from the order received, I will able to file a case??
2) Before how many days from the order received, I have to file a contempt case??
Are there any limitation of period for filing the contempt??
Regards,
Deepak
AJIT KAWATKAR
18 May 2011 at 12:12
two sisters bought a ppty in 1965.one of them is SPINSTER[85yrs] the other one married but died in 1966, in her place the husband's name was mutated in 1971 as HEIR. He died in 1982 leaving behind [7] children-[4M 3F]. They [m] are in possession of the ppty & are doing business there & not showing interest in MUTATION.[probably not interested in adding their sister's names] The ppty standes in JOINT NAME OF IN-LAW & the SPINSTR SISTER in ppty card till date.
My Q is WHETHER THIS SPINSTER SISTER CAN APPLY FOR MUTATION ON BEHALF OF [3] FEMALE HEIRS of IN--LAW.? or only legal heirs can initiate proceedings ?
This is in MAHARASHTRA.
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WHETHER I WILL GET MY PROPERTY SHARE OR NOT
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.