Anonymous
08 May 2019 at 02:33
1st date of cpc89 on 22.04.19. Order sheet of that day- Plaintiff denied compromise, put up on framing of issue.
Defndant version neither recorded nor extracted.
My question is- giving a verdict without recording defendant version (in cpc89), is that challengebale in upper court or not??
Anonymous
07 May 2019 at 17:25
This is Rk from Hyderabad.
our apartment consists of 7 flats with only one car parking.
I have purchased a flat on resale in 2015 from Mr.X. and this person Mr.X had actually purchased this in 2004 from builder cum land owner along with one car parking. Builder has allotted the car parking on Rs.50 stamp paper and he did not mention about car parking in "Sale deed".
The same builder/owner had sold one of his unsold flat to Mr.Y in 2016 along with car parking (here he mentioned with one car parking in sale Deed). Mr.Y took loan from bank and he became insolvent and the bank sold this flat to some other person Mr.Z through auction.
Now Mr. Z is saying that car parking belongs to him and not mine as per sale deed in 2016 (link doc) and he occupied the car parking space from May 1st 2019.
I need your advise in this issue.
1. Do i have any legal right on the car parking space as per allotment done on bond paper to me in 2004?
2. I heard that as per supreme court apartments act in 2010, builder should not sell any car parking space. so in this case the person Mr. Y who bought in 2016 transaction also becomes illegal.
3. whom should i approach now, because i do not know the whereabouts of the builder.
4. which lawyer should i approach, type of case that can be filed?, court, etc
please provide some information about this so that i can take necessary action accordingly.
Regards,
RK
Saurabh
07 May 2019 at 16:57
Hi this is saurabh chandanshive. My ancestors had left 12 acres land which is in solapur district near sangola depot. After years of family disputes finally everyone is ready for partioning the land as to the best of my knowledge everyone has to be physically present before the collector for partioning the land. Since one of my aunt is pregnant she cannot travel so far as all of my family reside in mumbai. So is there any provision for current situation or we have to wait for 5 more months as my aunty has just entered in her 4th month of pregnency. Thank you
Anonymous
07 May 2019 at 14:16
Dear Lawyers,
I need your help and suggestions on my case. I am an ex Serviceman. I am suffering as my entire financial planning has been jeopardized by Ansals API which has not delivered on a project for more than 10 years.
I had purchased a flat from Ansals API in Sector 114 Mohali in 2009, under subvention and with a written agreement of delivering the flat in 24-30 months. I was in touch with the builders office in Sector 9 CHD and they kept promising delivery from 2014 onwards.
In January 2018 I received a letter from Ansals API asking me to take possession within 7 days and also informing the bank to start my EMIs. I went and saw that the flat was in a dilapidated state (same since 2015) and it wasn't ready for possession. When I approached the builder he told me to sign on the possession first and then only he would start the work. Ansals had also defaulted on PreEMI payments for about 5 months and bank forced me to shell out that money too. I refused to take possession from Ansals and consulted a lawyer who agreed to file a case on my behalf.
The problem started from here as the lawyer had been told to file the case in the consumer forum under RERA but later he informed me that he has filed in the National Lok Adalat Chandigarh. Since I was away in southern India and couldn't come for further paperwork I decided to go ahead with it. The national Lok Adalat sent multiple reminders to Ansals but they didn't appear for the hearing. Lok adalat later passed a judgement ex parte giving me some compensation and interest on the down payment.
My questions are as follows
(a) Is an ex parte Lok Adalat decision enforceable if we file for execution? I am getting confusing answers from few people I have consulted. I do not want to file an execution through my old lawyer (he is not being transparent on his dealings and doesn't share any information. Also filed the case in the court which we hadn't discussed)
(b) What is the best way out for me in this situation?
(i)Can I file a fresh case in consumer court against the builder? this is my preferred option
(ii) If I am not satisfied with an ex parte lok adalat award, is it still binding on me when the other party is refusing to communicate at all? is there any other way out in my situation?
I will be extremely grateful if I can get a response on this query.
Regards,
S kumar
Radhe
07 May 2019 at 11:12
Dear Sir/Madam,
Can Interest be calculated on Non-Occupancy and Parking Charges?
NIMESH
05 May 2019 at 19:40
Dear Sir,
I had a Agriculture land measuring 116000 sq ft (1.08 h) but on measurement it is short by 22000 sq ft. now please suggest me the procedure to get that 22000 sq ft land and whom to apply so that i can get my land with the help of police force.
Thanking you in advance
Please suggest......
Maan
05 May 2019 at 16:24
Dear Experts ,
We ( Buyer A ) have purchased one plot from a person ( Seller Z ) , and ( Seller Z ) has also sold 3 more plots to ( Buyer B , C and D ) from same Khasra number.
Now there is a dispute regarding dimensions of plot with ( Buyer B ) that ( Buyer B ) has different dimensions in both registration and in mutation.
Buyer ( A ) have a problem , because Buyer ( B ) made an encroachment and now there is a civil suit is going on. Buyer ( B ) have different dimensions ( length and width of plot ) in both registration and mutation . In mutation dimensions are correct for buyer ( B ), but buyer ( B ) claiming encroachment space as correct because of registration.
My Question.
1. In legal terms which document supersede registration or mutation ? when both plots belongs to same khasra number ?
2. If Mutation , then is there any judgment reference ?
Best Regards
Maan
Anonymous
04 May 2019 at 23:01
My mother and me and my brother bought together one flat in chs mumbai 10 years back my mother expired 4 months back but she gifted her 1/3 share to me by registered gift deed now how should I approach society to transfer her share in my name i mean which chs form should I submit .
Kindly give guidance.
Thanking you
Anonymous
04 May 2019 at 17:02
We have a land given by mother by gift deed. we are three brothers. she divided one plot in three parts and make a gift deed. this land is in Goa. i stay in Baroda. want to know if i want to construct a house on this land (other 2 brothers already built a house in their area). can i apply for a loan in bank on this gift deed? any other option to apply for a loan to construct a house on this land?
my wife is having one flat in Baroda, can i mortgage this flat for a loan to construct house in Goa? Pl advise.
i also would like to know what is the procedure to make the gift deed legally.
thanx & Regards,
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Sra property purchased in 2011
Dear Team, I have a query relating SRA property purchased in 2011 from a tenant residing in a chawl. As of now i have following documents in my name (i.e. Notarised property - Sale agreement, Aadhar card, Ration card & Election Id) and name appearing in Annexure II & video survey done prior to demolition of property. Inspite of all this documents and proofs we strugling to get eligible status (i.e. current status as per Annexure II is Non - eligible). Is there any final resort to acquire rights under SRA rules.??
My Second query - In case of non eligible tenants are counted as PAP (Projected affected people) as defined under SRA circular no. SRA/ENG/04/10531/GEN dated. 31st May 2017. Can you help us on this.
Thanks in Advance.