Manish
03 January 2017 at 21:01
Dear Learned Members,
Greetings!
I booked a flat in a project at Ahmedabad in Oct 2013. Agreement to Sale (ATS) was signed. As per ATS completion/delivery date is June 2016. Payment is based on achieving construction milestone as defined in the schedule.
In Oct 2016 builder/developer Company sent email informing start of registration/possession process and asked for balance payment, stamp duty etc. and interest citing the reason delay in payment.
A home loan was taken to finance this flat purchase. As per bank builder had to submit approved plan in order to release payment which builder representative acknowledged in reply email.
As & when invoice were received it was sent to bank for payment. On couple of occasion payment is released by bank with delay citing (verbal by bank representative) that as per report available with them, construction milestone not achieved and bank released payment after achieving milestones.
Full payment is made including stamp duty, registration charges etc. except the Final payment DD which is ready & lying with Bank. As per the practice, bank will release this final payment upon handover of registered sale deed to bank. Copy of DD emailed to Co.
I have raised question to Co. about authenticity and genuineness of interest being charged citing delay in payment. I asked Co. to show the architect certificate of completion achieving construction milestone. I wrote in my email to Co. that if interest charge is substantiated by Architect certificate and it is found correct, I will pay the interest. I also offered to Co. to complete the registration part so that final DD can be released by bank and Hold the possession part till interest charge matter is resolved. Co. did not respond to these offers.
I also raised a demand note on the Co. citing their delay in possession as per ATS with interest calculation with same rate of interest starting from 1st July 2016 till the date of Oct 2016 when Co. emailed informing registration.
On 12th May 2016 Co. emailed to me and informed they completed the construction and are in process to apply for Building Usage permission with AUDA. Again on 19th June Co. sent email stating that they filed application with AUDA for BU and possession is subject to this BU permission from AUDA.
Thereafter for next 3 months no update from Co, I then wrote to Co. on 10th Sep 2016 reminding them about possession, and then Co. replied saying Guj. Gov. promulgated new rule/regulation making it difficult to comply and obtain BU. I again raised question as why Co. had not responded in March 2016 to Guj. Gov when it issued draft law inviting suggestion and objections, to this Co. gave no reply. Had the Co. responded to this draft in March 2016 this would have saved investor/buyer of the flat.
I like to know what course of action and legal recourse is available to me. I request learned members for their best response.
Sincerely
MANISH NMM
durga
03 January 2017 at 20:49
Sir/Madam,
I have paid an advance of Rs. 40 lakhs in Nov 2016 (just few days before the announcement of demonetisation) to purchase a commercial house site. The agreement given by the present owner of the site indicated the time given to register the site after paying the balance amount is 3 months. If the remaining amount is not paid within the 3 months and complete the registration process, I have to forego the entire advance amount.
Because of the present demonetisation and changing banking rules, I am not in a position to gather my cash resources to pay him either cash or through cheques within 3 months.
I wish to know whether the agreement is valid only for three months period. Since the present owner refused to extend the agreement period, Can I take legal redressal to get back my advance paid to him with at least bank interest.
Many thanks in advance for your clarification and guidance.
PUNEETH
03 January 2017 at 20:33
Hi,
My grandfather had bought a house in his self earned money. Upon his death it was transferred to my grandma. In due course my father (elder son of my grandfather) also passed away. My father had two brothers and two sisters.
Now my grandma wants to divide the property into 4 parts and transfer 2 parts to her second son and one part each to third son and me due to some mind games played by him.
Please let me know is there any way that I can make her to divide the property equally among all? If she still goes on with her decision what are my chances of stopping it?
Thanks in advance.
Deepak
03 January 2017 at 19:35
Respected All Experts. dt 03-01-2017.
Good evening and Happy New Year-2017.
First Appellate Authority allowed appeal and directed the CPIO to provide requested Information documents under RTI,Act,2005 but the CPIO not providing the same. My query are as follows;
1)Can I file second appeal ?
2)What will remedy in this situation against the CPIO ?
waiting for valuable guidance.
thanking you,
with warm regards
deepak
Gopal Soni
03 January 2017 at 19:00
hello everyone ,
i have applied for a LAP (loan against property) in a bank 4 months back, there were various application forms have been submitted along with numbers of documents in last 4 months as asked by the bank's representative , login fee of Rs. 2500 and processing fee of 42000 has been charged by bank through cheques, which is applicable on loan amount ,
loan agreement has been made and terms and conditions on sanctions have been signed by me and provided same one copy to me .
few days back i have received a message on my mobile that Your loan has been sanctioned , but still i have not received same,
plz guide to whom to be complain make , because i am not receiving a reasonable reply from bank.
is it fruitful to complain to Ombudsman ? will they really help me ?
what is procedure ?
plz guide
Dipti
03 January 2017 at 18:51
2 Culprits has signed my signature in 3 places in Union Bank of India & HDFC lastly by Aug 2014. Also manipulated accounts of our Mill they bring just 1p% working partner, breached our trust.
Filed petition in District crime Branch, Namakkal, Tamilnadu on 30th May 2015.
No action taken.
Informed revenue & legislative officials via register post & approached Taluka court received order under 156(3)CRPC within 25th Dec 2016.
Culprit went to district court for bail, got dismissed.
Police asked for 10 additional days for further enquiry, till today one of the culprit has not stepped into police station or given statement even after receiving 2 summon in 6 month's.
No action taken, rather police were trying for settlement of 1lakh when amount taken & loss goes to lakhs.
Went to DIG Complained against DSP & Inspector..DIG in front of us sent scanned copy of my appeal petition & called SP to file FIR as per court order or he will personally put charges to respective officers.
FIR under process, but before that culprit was informed about FIR & they are upscaned.
Heard culprit approached Chennai High court but was not numbered.
WHAT'S SHOULD BE MY NEXT STEP
What Will happen
gauri1991
03 January 2017 at 18:35
Hi my name is gauri.i have affair with muslim guy his name zaid from last 10 years but due to some family issue he got married with muslim girl.now he want to marry with me.can u plz is it possible.. his first wife is not reddy for our marriage.plz guide me i need help
Rajendra
03 January 2017 at 16:41
Dear Sir,
My name is Rajendra Ramdeo Gupta; I am staying in Borivali (West), Mumbai, Maharashtra.
My father Shri Ramdeo Shivraj Gupta had constructed a Chawl of 54 rooms constructed on 3Nos of plots admeasuring 804.50 Sq. mtrs. Approx. at Mohili Village, Sakinaka, Mumbai – 400 070 & One of his younger brother Shri Radheshyam Shivraj Gupta had also constructed a Chawl of 50 rooms on a plot admeasuring 657.40 Sq. mtrs. Approx. at Mohili Village, Sakinaka, Mumbai – 400 070 all plots is attached with each other.
Shri Ramdeo Shivraj Gupta my father expired on 17th March, 1968 at the age of 37Yrs leaving behind him his legal heirs (Smt. Shyamkali Ramdeo Gupta – wife - Age 30Yrs, Mrs. Ramlali wife of Mr. Rameshchandra Gupta - 1st Daughter - Age 15Yrs, Master Ramesh Ramdeo Gupta - 2nd Son - Age 13Yrs, Miss Pushpa Ramdeo Gupta - 3rd Daughter - Age 6Yrs., Miss Kamla Ramdeo Gupta - 4th Daughter - Age 4Yrs., Myself Master Rajendra Ramdeo Gupta - 5th Son - Age 16 months)
Smt. Shyamkali Ramdeo Gupta knows only that Late shri Ramdeo Shivraj Gupta had a chawl, but she don’t know the exact location of the chawl, because Late shri Ramdeo Shivraj Gupta had not informed her properly due to her illiteracy & given residence address of Shri Radheshyam Shivraj Gupta as correspondence address to all the department. Both brothers were meeting daily to each other at their working place i.e. Shri Ramdeo Shivraj Gupta working with M/s. Air India Ltd & Shri Radheshyam Shivraj Gupta also working with M/s. Air India Ltd. And on every Saturday & Sunday at Mohili Village, Sakinaka, Mumbai – 400 070.
On 17th March, 1968 my father Shri Ramdeo Shivraj Gupta went to the Mohili Village, Sakinaka, Mumbai – 400 070, at that time he got chest pain, and the his tenants with Shri Radheshyam Shivraj Gupta were taken Shri Ramdeo Shivraj Gupta to the Hospital, but my father Shri Ramdeo Shivraj Gupta were expired in the way doctor declares its Heart Attack.
Now widow of Late Shri Ramdeo Shivraj Gupta become financial support less because she is illiterate, she don’t know the exact location of chawl, she don’t know the local areas where her husband Late Shri Ramdeo Shivraj Gupta was working, so she have to depend on the brother in Law (Dewar) Shri Radheshyam Shivraj Gupta for her house expenses, her children’s education, survival of her family because Shri Radheshyam Shivraj Gupta know whatever the investment done by the Late Shri Ramdeo Shivraj Gupta. The tenants of Late Shri Ramdeo Shivraj Gupta knows to Shri Radheshyam Shivraj Gupta as a younger brother of Late Shri Ramdeo Shivraj Gupta that’s why the tenants of Late Shri Ramdeo Shivraj Gupta were giving Rent to Shri Radheshyam Shivraj Gupta. Now Smt. Shyamkali Ramdeo Gupta were going to the house of Shri Radheshyam Shivraj Gupta for collecting the Rent which was collected from the tenants of Late Shri Ramdeo Shivraj Gupta twice in a month & what she is getting per visit some time Rs.75/- some time Rs.50/- some time Rs.100/- some time empty hand. In the Mean time Shri Radheshyam Shivraj Gupta were asked to Smt. Shyamkali Ramdeo Gupta give Application for the vacant service of Late Shri Ramdeo Shivraj Gupta, at that time Smt. Shyamkali Ramdeo Gupta told, I am illiterate how can I work in such a big organization. She asked to Shri Radheshyam Shivraj Gupta can you recommend for my Daughter in Law, Mr. Rameshchandra Gupta he will look after his family and will help my family also. So she tried for her Daughter in Law Mr. Rameshchandra Gupta for the job in vacant place of Late Shri Ramdeo Shivraj Gupta & her Daughter in Law Mr. Rameshchandra Gupta was appointed in Indian Airlines because the M/s Air India Ltd got divided in International Airline & Domestic Airline. The department in which Late Shri Ramdeo Shivraj Gupta was worked becomes under Domestic part & the Department where Shri Radheshyam working becomes in International Part.
Now Smt. Shyamkali Ramdeo Gupta going to collect the Rent in Shri Radheshyam Shivraj Gupta’s house twice in the month from Goregaon to Kalina in Air India Colony since 1968 to 1975. In between 1968 to 1975 when the Smt. Shyamkali Ramdeo Gupta went to collect the Rent at that time Shri Radheshyam Shivraj Gupta had told to her that {the tenants were not giving Rent, that’s why we have to give Notice to them for collecting the Rent, and had taken the Thumb Impression on Blank Stamp Paper }
In 1975 Shri Radheshyam Shivraj Gupta had Recommended for Mr. Ramesh son of Late Shri Ramdeo Shivraj Gupta as a Casual Labour in M/s Air India Limited in exchange of that Smt. Shyamkali Ramdeo Gupta will not come to collect or asking for the Rent of the 54 rooms. Now he stopped paying Rent which was collected for the 54 rooms. Now the tenants of Late Shri Ramdeo Shivraj Gupta knows to Shri Radheshyam Shivraj Gupta.
In 1991 one day Shri Ramesh Ramdeo Gupta meet to Shri Radheshyam Shivraj Gupta regarding some money at that time Shri Radheshyam Shivraj Gupta has given him Rs.50,000/- and taken the signature on a letter with revenue stamp mentioned that “Chacha ne muzhe sab baat bataya aur mai maan gaya. Maine apna share Chacha ko Rs.50,000/- me de diya”
The Legal heirs of Late Shri Ramdeo Shivraj Gupta don’t know the exact location of the plot in Mohili Village, Sakinaka, Mumbai – 400 070 till July 1993. When they, Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son, come to know only one plot no. and 2 plot nos. in 2015, they meet the tenants and given letter to tenants & than they applied for entering their name on Property Register Card in City Survey Office. There were Six Legal Heirs of Late Shri Ramdeo Shivraj Gupta, in Property Register Card They register Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son, after getting NOC from Mrs. Ramlali wife of Mr. Rameshchandra Gupta-1st Daughter-Age 41Yrs, Mrs. Pushpa Ramprasad Gupta-3rd Daughter-Age 32Yrs., Mrs. Kamla Mahadeo Gupta-4th Daughter-Age30Yrs.
Now they, Smt. Shyamkali Ramdeo Gupta, Shri Ramesh Ramdeo Gupta & Shri Rajendra Ramdeo Gupta, applied for the change name in Assessment Tax but the son of Shri Radheshyam Shivraj Gupta, Mr. Mahendra Radheshyam Gupta, who had threaten Smt. Shyamkali Ramdeo Gupta-wife, Shri Ramesh Ramdeo Gupta-Son & Shri Rajendra Ramdeo Gupta-Son. Shri Radheshyam Shivraj Gupta expired on 25th November, 1997.
Smt. Shyamkali Ramdeo Gupta expired in 23rd February 1999 at that time Mr. Mahendra Radheshyam Gupta told to Shri Ramesh Ramdeo Gupta Son & Shri Rajendra Ramdeo Gupta Son, that he will give Fifteen Years Rent as per Rs.10,000/- per month i.e. Rs.1,50,000/- after getting the said amount you will not come at Mohili Village, Sakinaka, Mumbai – 400 070 for that Mrs. Ramlali wife of Mr. Rameshchandra Gupta-1st Daughter-Age 46Yrs, Mr. Ramesh Ramdeo Gupta- 2nd Son-Age 44Yrs, Mrs. Pushpa Ramprasad Gupta-3rd Daughter-Age 37Yrs., Mrs. Kamla Mahadeo Gupta-4th Daughter-Age35Yrs. & Mr. Rajendra Ramdeo Gupta – 5th Son Age 33Yrs. Have to sign some papers in Bombay High court.
On 17th February, 2014, Shri Ramesh Ramdeo Gupta expired at the age of 59Yrs, leaving behind him Smt. Meena Ramesh Gupta – wife & Mrs. Sheetal wife of Swami Pardesi.
I, Mr. Rajendra Ramdeo Gupta, went to meet & collect the Rent to Mr. Mahendra Radheshyam Gupta, now he tells that you (Mr. Ramesh Ramdeo Gupta- 2nd Son, Pushpa Ramdeo Gupta-3rd Daughter, Kamla Ramdeo Gupta-4th Daughter & Mr. Rajendra Ramdeo Gupta – 5th Son) were not allowed for collection of Rent because you with your brother & sister’s were released your rights in our (Smt. Ramrati widow of Late Shri Radheshyam Gupta, Shri Devendra son of Radheshyam Gupta & Mahendra son of Radheshyam Gupta) favour.
They says that In 1999 Smt. Ramrati widow of Shri Radheshyam Gupta called PLAINTIFF, had filed a suit versus (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta called DEFENDANTS.
Smt. Ramrati widow of Shri Radheshyam Gupta made CONSENT TERMS as follows:
(1) The Defendants waive service of Writ of Summons.
(2) Defendants admit that the properties described in Ex ‘A’ to the plaint were the property of Hindu Undivided Family consisting of plaintiffs and defendants.
(3) Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that under an Agreement of Family Settlement dated 1.10.1998 at Ex ‘D’ to the plaint, defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta received from the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta a sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434494 dated 25-1-1999 and another sum of Rs.75,000/-(Rupees Seventy Five Thousands only) by cheque no. 434495 dated 2-2-1999 drawn on Shramik Sahakari Bank Ltd., Sakinaka, Mumbai branch totaling to Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in full and final payments of the value of their share in the property mentioned at Ex ‘A’ to the plaint and in consideration therof they have relinquished, released and surrendered all their right Title and interest therein in favour of the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta. Defendants admit the correctness of the contents of the said Agreement of Family Settlement at Ex ‘D’ to the plaint. Defendants further admit that they have duly signed the said Agreement at Ex ‘D’ to the plaint after being read over the same to them in Hindi language. Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, admits that they have now no right title and interest of any nature whatsoever in the said property described in Ex ‘A’ to the Plaint.
(4) Defendants (1) Ramesh Ramdeo Gupta, (2) Rajendra Ramdeo Gupta, (3) Pushpa Ramdeo Gupta, (4) Kamla Ramdeo Gupta, agree and undertake that they will neither interfere with the management of the said property by the plaintiff and defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta as exclusive owner thereof, nor shall they interfere in getting the said property transferred in the name of plaintiff And defendants (5) Devendra Radheshyam Gupta, (6) Mahendra Radheshyam Gupta.
(5) Decree in terms of Consent Terms.
(6) No order as to cost.
At present Situation City survey office showing the name of (1) Smt. Shyamkali Ramdeo Gupta (2) Shri Ramesh Ramdeo Gupta, (3) Shri Rajendra Ramdeo Gupta. City Survey Office Deleted the name of Late Smt. Shyamkali Ramdeo Gupta on the basis of enquiry on 26th May, 2003 by Affidavit from, Shri Ramesh Ramdeo Gupta & Shri Rajendra Ramdeo Gupta & Death Certificate from MCGM submitted to City Survey Office, into consideration. Presently One application is under process for the deletion of Late Shri Ramesh Ramdeo Gupta expired on 17th February, 2014 at the age of 59Yrs, leaving behind him Smt. Meena Ramesh Gupta – wife & Mrs. Sheetal wife of Swami Pardesi. Department asking NOC from Landlord and Shri Rajendra Ramdeo Gupta & Smt. Meena Ramesh Gupta don’t have any contact of Landlord.
Shri Rajendra Ramdeo Gupta had served a letter by an advocate to Shri Mahendra Radheshyam Gupta & CC to all tenants that I am going to collect the rent every month. For this letter Shri Mahendra Gupta had given the copy of Consent which, Smt. Ramrati widow of Shri Radheshyam Gupta made, reply to Shri Rajendra Gupta’s advocate & CC to all tenants, that they had given all rights to Smt. Ramrati Radheshyam Gupta, Shri Devendra Radheshyam Gupta, Shri Mahendra Radheshyam Gupta.
If we, Ramesh Ramdeo Gupta, Rajendra Ramdeo Gupta, Pushpa Ramdeo Gupta, Kamla Ramdeo Gupta, had given the right, so why they had not executed the right in 15 years?
If Given Rights were not executed in 17 years, Court can declare it as cancelled Rights or can we directly go and collect the Rent, assuming that we had released the Rights but they were not executed the Rights.
My mail address is as follows:
guptaji221166@gmail.com
my contact no. 09222211660 / 07303296662
Please give suggesstion
Ranjan
03 January 2017 at 14:28
The judgment has awarded the compensation(30 Lakhs) towards the Motor vehicle accident on 11th August 2015, so what is the timeline to deposit the amount in the bank as the petitioner is minor? till now the respondent has not made any payment yet.
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Housing society
The deputy registrar issue the notice under section 73 1AB to current committee of our building for non issuing m20 bond . Now filed is closed for order. Now I want to know that registrar only dismissed the committee or also disqualified of current committee members for 5 years.