Santosh Kale
03 March 2014 at 12:33
Dear Sir,
I have booked a flat on July 2012 at Shahapur, in Thane District, Maharashtra & as per agreement, builder will give the possession on May 2013. But still I have not got the possession of flat due to under construction. As per demand letters, I have paid 85% amount of flat cost. Every month I am paying bank home loan interest of the amount paid to builder. And I am staying in rented house. Due to non possession of flat, I am suffering the said losses.
As per our Sale Agreement, clause of possession is mentioned as follows:-
"It is expressly agreed that the possession of the said flat will be endeavored to be handed over by the promoter to the purchaser by May 2013, provided the promoter has received full purchase consideration of the said premises and all other amounts payable by the purchaser to the promoter has received such amounts from other purchasers strictly as per time schedule and provided the construction by the promoter is not delayed on account of non-availability of steel and cement. subject to above, if the promoter for any other reasons is unable to give possession of the said premises by date stipulated hereinabove then the promoter agrees that the promoter shall be liable on demand by the purchaser to refund to the purchaser the amounts already received by them in respect of the said premises without interest as also without any deductions of any mount therefrom, after execution and registration of cancellation of the said agreement for sale. Till the entire amount as stated is refunded by the promoter to the purchaser, subject to prior encumbrances if any, such amount shall have charge on the said premises only, but not of the said property. it is agreed upon that refund of the said amount as stated hereinabove, the purchaser shall have no right, title, interest, claim, demand or dispute of any nature whatsover either against the promoter or against the said premises."
In this regard, there is only one reason of delay that builder has divided work on more than 40 nos. of buildings instead of our first starting sector of 10 buildings project. And there is no other issues whereas pending drinking water issue has been sort out before 4 months by making huge water tanks of pure boreing water.
As per MOFA, 1963 & the above clause , can I demand to the bulder for compensation against my said losses till the possession of flat? If so, can I send a letter to builder regarding the confirmation of possession date and a request to refund for compensation against my losses due to home loan interest & house rent. Can it be worked for quick possession.
In this regard, I kindly seek advice from you.
I will be thankful to you for your favourable guidance.
Thanks & Regards,
Santosh Kale
Naresh S. Patil
03 March 2014 at 12:30
Further to my query on obtaining order from JMFC for death certificate after 3 years of death. I have gone through Registration of Births Anmd Deaths Act, 1969. The Act only specifies that order is to be obtained from JMFC if registration of death is to be made after one year. any more explanation Sirs?
A M Mohammed
03 March 2014 at 12:29
1-If there is only ONE heirs of the deceased how can the one registers his/her parents property.....
2-If there is more than one heirs how can they registers their parents property....
3-If one of the three already register in his/her name what shall the others two or one should do....advice...pleases
Naresh S. Patil
03 March 2014 at 12:21
Dear Expert Brothers,
My Client's (who is an illiterate) mother died about three years ago. but he did not obtain Death Certificate.
Now he wants death certificate. But Municipal Corporation is insisting on an order from Judicial Magistrate First Class for Registration of death.
Can experts tell me the following.
1.What is the procedure for Filing an Application for Death Certificate in JMFC?
2. What is the court fee payable on such application.
3. How long will it take for disposal of Application?
My client is a poor daily wage earner and handicap also.
Pl. guide me early
Daljit Singh Mann
03 March 2014 at 12:19
Respected Sir,
Hon'ble Civil Judge Junior Division has passed the order and struck down the defence of defendant as the reply has not been filed by the defendant within 90 days. Please tell me that can review application u/s 114 of CPC be filed to the same Court?
Daljit Singh Mann
Srinivas Jerripothula
03 March 2014 at 11:55
Hi All,
My Name is J. Srinivas, i am a junior advocate. One of my Client has purchased 200 yards land in Gram Panchyat Hyderabad. In layout it is clearly showing that 20 feet road. My client plot no is 11, before that there was 14, 13, and 12 plots which starts from Main road. This 14, 13, and 12 plot owner has blocked that 20 feet road which is from main road and constructed Gate and kept wall. There was 10 feet narrow road which is from backside, which is part of the plot of my client property. Now i request you to please suggest, what i need to file and how to get demolished that Gate and Wall. So that my client can use that 20 feet road. Please suggest. That 14, 13, and 12 plot owner is single and he is head for that village. Now please suggest sir, we have asked him to remove that gate, he said u can use that narrow 10 feet road, which is the part of the plot and it is from back side. Please suggest. In layout it is very clearly mentioned.
uproar2peace
03 March 2014 at 11:35
Hello Sir/Madam,
My life story after the ghastly court marriage is indicated in nutshell.
1. I did court marriage (it was arranged marriage) but did not stay with my husband since it was mutually decided by both my husband's family and my family (with my and my husband's consent) that we would stay together only after the ritual marriage which was supposed to take place after 3 months of court marriage. However, after court marriage, husband's family and my husband changed drastically. It was a sophisticated dowry case. Moreover, they refused to give the marriage date till we give expensive gifts and so on. My husband would mentally torture me regularly over phone and tell me point blank that he wishes to see my parents dead. Just after court marriage my mother suffered a heart attack, so I was in dilemma and could not break off with my husband keeping in mind the delicate condition of my mother's health.I suffered silently for 7-8 months.
2. Meanwhile, my e-mail was hacked. My husband claimed even his e-mail was hacked. Unethical e-mails were sent to my official clients. It was total mess. Also, I received some shocking details of my husband vide a letter in my postal residential and office address. I realized that I was into a fraud court marriage. My husband and his family lied to us everything. My husband is juvenile diabetic (proves were given to us in the letter received by us) He did not do his MBA and took 8-9 years to complete his engineering. The job he got was through back door. There has been dowry death in his family and that marriage was just a business gimmick for them. They are basically very greedy people and could go to any extent to harass people if things do not go their way. They had not told anyone about the court marriage to their family friends, relative, etc.
3. After lot of drama, we filed for nullity of marriage. We did not report to police since I wanted to come out of this mess ASAP and since my husband's aunty was very good friends with my maternal aunt and the marriage proposal was given by my maternal aunt. I did not even fight for my justice. Just wanted to come out of clutches of this dangerous family and especially my husband. Also, after court marriage I had realized that my husband has eccentric behavior and unstable at times.
3. My husband has refused to sign for nullity and is contesting the case. He gave a say to my petition after 1 year of my filing the petition and casually wrote that we stayed together.
4. It seems it was my biggest mistake not to report to police. My husband threatened me outside court that he will make my life hell and he will not allow me to live in peace. My husband's maternal uncle called up and abused me over phone and told many derogatory things to me and my parents.
5. I have filed a case against my husband in police station and told everything right from beginning and told them how they delayed the ritual marriage for extracting money, home, gold etc from us and all the fraud things done by them as per the letter, which my husband had verbally agreed (he did not have choice since it was given with enough proof)
6. My husband was arrested but released in bail. Charge sheet against him is pending though.
7. In forthcoming family court hearing, I have been asked to bring witness to prove that I stayed with my parents. I have several witness and I am fortunate that I have many well wishers. Now, other part is that I have to prove non-consummation. For this, day before y'day I went to two of the reputed gynecologist. However, both of them said that there is not test which can conclude the non-consummation effectively.
My queries are as follows;
1. Does the woman really have to go through these trauma. I am fighting this case from past 2 years. I fail to understand that if I am not ready to stay with my husband, If I am not demanding any money, just peace of mind, then why so much procedure?? It was my and my family mistake that we did not do the background check and signed the court marriage just based on faith and friendship which my maternal aunt shared with my husband's maternal aunt.
2. My husband is juvenile diabetic, which was hidden to us and as per medical reports there is 99 % chance that he maybe impotent. It is clear that they postponed the ritual wedding since they knew that his condition would come in open once I started staying with him after the rituals. But still only I have go go through humiliating tests since I filed the petition for nullity based on non consumption and did not give any allegations based on advise give by my 1st lawyer? Why is my husband spared in family court. Will they not consider the FIR filed against him, as a special case and instruct him to go through physiological and medical tests as well. Moreover, reputed gynecologist are saying there are no test. Could you inform which test is the law referring to.
3. As mentioned earlier, I have recently filed case against my husband, so how does the family court and criminal court view my case. Or is it tried separately?
4. I want to study further, get a new fresh life for myself. I want to move on. How long do I have to suffer this slow killing. Isn't there any fast track procedure for such fraud cases?
Please do reply.
helpseeker
03 March 2014 at 11:28
Dear Experts,
I have one of my friend who is brought up by his mother since birth,actually his father has left them before he was born and to be frank with all of you his father and mother was never married he is the son of his mother.
His mom is ST but since he doesn't has a father he is finding difficulties to get his certificate
I would like to know is there any provision through which he can make his certificate done on the based of his mom(All requires evidence can be given like his neighbors/friends/relatives and everything that he was brought up completely by his mother.
If its possible can anyone tells me under which act of Indian law that is possible
What can be the procedure for the same.
Your helping hands would be highly appreciated.
Best Regards,
P GOYAL
03 March 2014 at 11:25
THIS IS IN RELATION TO CHEQUE BOUNCE CASE.
AS PER THE ACCUSED, HE GAVE ONLY UNDATED CHEQUE AS SECURITY AND THE PLANTIFF ENTERED DATE ON THE CHEQUE AFTER 18 MONTHS AND PRESENTED FOR PAYMENT, ON DISHONOUR FILE THE FALSE CASE IN NI ACT.
NOW IF THE RESPECTED EXPERT WILL TELL WHETHER INK DATING WILL TELL THE TIME GAP BETWEEN THE SIGNATURE AND DATES ENTERED. IF THERE IS MORE THAN 6 MONTH GAP BETWEEN THE TWO, CAN IT BE A VALID GROUND TO QUASH THE CASE.
IF INK DATING IS POSSIBLE IN INDIA AND WHERE.
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