ravi
20 May 2019 at 02:10
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy pi am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .after challenging review pettition where the court rejected bmc submission saying that "as per earlier declaration bmc has to redevelop and give tenants at same place. but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest
anil
20 May 2019 at 01:21
Respected Sir ? Madam
does the bayana get forfeited by default if the buyer fails to honor the initial agreement to sale ? or does it have to be in the clauses of the sale agreement ?? ... . . we r to sell our house. the buyer has paid nothing apart from the bayana.the 6 months period is going to expire on the 6th of june 2019. . he says he does not have adequate money and will pay when he has the money. how long do we wait ?? how shall we approach this now. what options do we have ?? the agreement to sale has interest and penalty (but no rate of interest and penalty specified) clause but nothing pertaining to forfeiture.
reading some articles about the matter i gather that it is advisable to mark our presence at the 'Office of the Registrar'. . . however they have not given us the copy of the agreement to us. .. ( it was around 8.30 pm when we had signed the papers. they said that they will give the copy next day but havent given it till this day. for a month or so they bought time saying 2 days 2 days. after that they have outrightly rejected to give a copy of the agreement. ) do we need to have the copy of agreement when we go to the registrar's office ?? .. .. the buyer has not signed anywhere on the agreement. his name, address are mentioned but he has signed nowhere. . .only we have signed . . is this normal practice ?? looking forward to some guidance .
thank you. anil kumar malhotra
anil
20 May 2019 at 00:47
Respected Sir / Madam
we have taken bayana from a buyer on dec 6 2018. . the due date of execution is 6th June 2019. he has paid nothing apart from bayana. now he says that he has he will give the money when he has it. . the sale agreement has a clause of interest and penalty if any party fails to honor the agreement. . however the % of interest and penalty is not mentioned. . also, we had signed on the agreement at the dealer's office. it was past 8.30 pm then. they said that "the shops are closed now. we will give the photocopy tomorrow". . . but have not given us the copy of the initial sale agreement. they kept on saying 2 days 2 days for a while. and since they have refused to give a copy of the agreement to us. what could be the course of action for us now ?? . . . is there any standard percentage of interest and penalty under law that would be applicable in such cases where the percentage of interest and penalty is not mentioned in the agreement ? . If not then what would be the interest and penalty ??
. . pls guide sir .. the house / property in question is in Delhi . just to inform, the possession of the said property is with us. means we are staying in our house, the house that is to be sold by us... . also i want to inform that the buyer has not signed anywhere in the agreement. only we have signed. his name, address etc was mentioned but he has not signed anywhere. we have signed each and every page and our photographs are also affixed on it. is this standard procedure ? please guide sir.
thank you.
anil kumar malhotra.
Surya kkkkk
19 May 2019 at 21:09
My father buyed family property in name of my mother in year 1980 where in my mother sold the property.
Query 1] Can we file case to cancel the registration
Kavitha SG
19 May 2019 at 19:26
Hello Experts,
In DV case, first notice was served on NA's address but it was returned and mentioned on it as NA is not present on this address then notice has been served on her email id. We have informed to the court that the notice has been served but the Hon'ble court asked to submit any citation on notice serve on email be considered.
Parents of NA has already informed NA about this case means she is in a knowledge of it.
Please help me with the citation or suggest if any.
Thanks in advance.
Harsha Harsha
19 May 2019 at 17:32
Respected Sir,
I , the defacto complainant had filed an FIR and it was quashed without my knowledge. I neither received any notification nor the information from respective police. And quash order was passed in Jan 2018. I want to apply for reopen this in same high court with the main reason as quash closed without involving defacto complainant.
1. This is permitted in 482?
Anonymous
19 May 2019 at 16:04
I have done regular MBA and Regular private job together. I have maintained both things together with my hard work. But now I do not know add in my experience. Is this become illegal ?
vallabh_raut
19 May 2019 at 13:41
Hello Experts,
We are fighting our DV case( filed by brother's wife) in person. We produced some court orders in the court, but her lawyer put 'not admitted' remark on all the orders. Is it not contempt of court? What action we can initiate against the woman?
Anonymous
19 May 2019 at 02:23
Dear sir /madam
I m son of a divorced parents. At the time of divorce my custody was given to my father. I was 5 yrs old then. Nw I m 41. At present due to unavoidable conditions my wife n I are taking a divorce on mutual consent. I have 3 children from my wife. Nw I think that I ll remarry someone else after divorce n so will my wife. My query is that does the children from previous wife any rights on the property of my mother who was divorced by my father as I lived with my father as per the court's decision. Secondly, even after my remarriage will they have the same rights as my children from second marriage. Is there any way to prevent them from claiming if they have the right. Because I want the property given to me by my divorced mother to b given to my second wife n her children. Kindly advise. Thanks
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Bmc tenant rights
i am bmc tenant staying in a bmc owned building at wadala west made in 1965 ,the building was declared diplated in 2011 an undertaking was given in high courtbby bmc of making redevelopment on same plot in 2016 .on which they will provide an alternate accomadation in mahul we did not accept the alternate premises as mahul goan in chembur is declared unfit for human residing plus it doesnt come in the surrouning area of our original living area as per bmc circular .and filed a case in HC , later bmc provides us alterante accomdation at maitri park chembur , and we have given undertaking regards that we will shift temporarily till redvelpoment process is due done but now bmc submits a review petition in 2018 decalring no redevelopment can be done as lack fsi due to 2034 new dp plan .
after challenging thier(bmc) review pettition, where the court rejected bmc submission saying giving an directed order "as per earlier declaration bmc has to redevelop and give tenants at same place". but as we have given undertaking of shifting to alternate accomdation , we are afraid after shifting and demolition of our building ,will we be able to shift back to our old premises , what can be done to bound bmc for our sureity , and can we challenge our undertaking declaration on any other remedy please suggest to safegauard our rights ,