prash
07 January 2016 at 09:30
Dear Sir,
I am from Mumbai.
My Aug 2010 complaint filing with State Commission against builder was disposed off on Nov 2015, with the order for builder to give flat possession and including compensation for possession delay and mental agony. As per the order, I also paid balance of consideration to builder and cleared my dues immediately.
Subsequently, I filed FA with NCDRC in Jan 2015 for review of compensations and unaddressed claims including correction of the interest amount stated in the order. Whereas, builder filed FA to dismiss/stay the state order on pretext of ex-parte order.
These FA are pending for final hearing at the admission stage. I am confident builder's FA has no merit and would be dismissed eventually.
Okay. With reference to the above my queries are:
1) Can I file Execution Application (EA) under section 27 with State commission for the flat possession only (while pendencies of both the appeals at NCDRC)?
2) Further, can I file (EA) under section 25 with NCDRC/State Comm, for the recovery once there will be final judgment for the pending FA?
My family has lost the patience to wait any longer for flat possession after 9 long years from its booking time. The building is ready now and other flat members are occupying their units.
3) So, if I forcefully possess my flat by breaking the lock and start occupying, will there be any serious impact on the current and future legal proceedings and the benefits awarded?..
Your expert advice will help me to take wise decision accordingly.
Thank you sirs. Awaiting for your responses.
kannan
07 January 2016 at 06:46
i filed divoce case in lower cort. my wife got it stayed it in high court. i did not any summon. it is told that both the courts are highly corruped. now can i directly withdraw the case in the lower court and file a fresh one in wifes place without vocating the stay.
indu
06 January 2016 at 10:23
hi sir.
my case for claim was rejected by the sessions court vide order dated 10.11.2015
and the certified copy of order was received on 19.11.2015. i want to know what is the time limit for filling appeal in P& H high court. and whether the prescribed time starts from the date of order or receipt of certified order copy. what is the time limit whether 60days or 90 days
thanks
Supresh
05 January 2016 at 21:32
Hello Sir,
My bedroom,Kitchen and bathroom wall has been damaged due to upperfloor bathroom leakage.
Now, society is saying pay half amount and get the work done with upperfloor. But, for damaged to my wall they are saying is not payable by the upperfloor owner
Please suggest what action i can take it up.
Also, few year ago i did complete leakage work as below flat was facing problem and now society is saying you should have asked for it
Please help me if i could take complete wall damage work and i dont want to pay half for upperfloor bathroom work
Regards
Supresh
Anonymous
05 January 2016 at 21:15
Suit for Partition of property decided up to the level of Supreme Court and had attained finality but execution petition was not filed filed which became time barred. What would be the fate, if new suit for partition is filed. Weather doctrine of Res Judicata will be applicable to the partition suit or not. Expert openion required
SHREY DAMBHARE
05 January 2016 at 18:06
I got case in middle of Civil Trial. In which my client had filed suit for declaration and permanent Injunction in 2008. However, the respondent did not appeared for year thus the case decided ex-parte in my clients favor. Thus, In year 2009 my client mutated disputed property and subsequently sold to third person. Moreover, that third person also mutated the same land. After mutation the respondent filed application for quashing of ex-parte order in same court. As, the judge was changed so he quashed ex-parte order. Now the client approached. Please tell me what should I do next as the case is fixed for plaintiff evidence.
A Veera Vardhan
05 January 2016 at 17:02
Dear Sir
I request anyone to guide me
The plot/land documents are available with a person from the past 5 years on behalf of the financial favor done to the land owner
But the owner has not came to pay the amount till date nor they have any communication with any of the family members.
I want to transfer the ownership of the land to my name by compensating the financier without having any legal
implications further from the land owner or any of their family members if at all they come up claiming their ownership in future
Regards
Veera Vardhan A
Arif
05 January 2016 at 12:52
Hello Good afternoon
I am a residence of mumbai and have a pagdi system house owned by mt ansisters aprrox 6 decades now...we are just renevoting our house and a lady stating that she is a landlord and have stoped us to make a wall and renovate the house and have complaint in Police to get all our house documentation?
Please help
VINOD
05 January 2016 at 02:01
my wife and i together bought a flat in navi mumbai in 2010 and nominated our only son. my wife who was the first owner died in nov 2012.my son was taken as a nominee member only. i want my son to be a joint owner in place of my wife and should have all the rights an owner has. i also understand that now the maharashtra govt has waived off stamp duty if the property is transferred within blood relations. kindly let me know how this is going to help me and what i should do to get my sons name as joint owner and get name changed in cidco.
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