prabhakar singh's Expert Profile

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S Umesh Rao says : sale agreement time
Dear Experts, I am a owner of a house at mysore and residing in bangalore. Few months ago i planned to sell my mysore house for my legal neccessessities to buy suitable new property nearby to bangalore. i got a buyer and we did a sale agreement buy giving advance amount. it was clearly mentioned in the agreement that i am selling the house to buy suitable property from the sale consideration,but even after completion of agreement he never came and got the sale deed registered buy paying the balance amount. in the mean time what ever advance i received and from my personnal funds i got my new property registered as i had also committed by sale agreement with the new property owners and time was the essence of the contract. i have even sent him a legal notice calling him for registration or cancellation of agreement for which he has not replied and the notice period is also over. his mumness is killing me. if the buyers asks me for refund i am not in a position to give it back to him immediately as i have invested the same to buy new property. i need to find a new buyer and from the sale transaction only pay back his refund amount which will take time.I request the experts to kindly guide me what to do next. i donot want any kind of letigation. i want to sell my house to a different buyer and i am not in a position to take a decission. i want correct legal procedure to sort this issue out. please help me. S Umesh Rao

Sagar says : Please Help
Dear Sir, First of all I want to thank you for doing this noble service of providing free and expert legal advice to Law Layman people like me. Sir, today I have some queries regarding I will be highly obliged for your help in that regard. Sir, I have query regarding Hindu Marriage act amendment bill 2012 that was cleared by cabinet in the month of March 2012 that made woman eligible to get half the share of husband's property in case of divorce. Sir, I want to know that what could be implementation date of this act if its passed by parliament? Would this act also cover all the pending divorce cases in courts? In our cases, the wife has left husband and her 2 children for last 29 years and husband raised her two children. Our divorce case is pending in court for last 10 years. Would this act be implementable in our case also? Also, sir could you please let me know from where I can get copy of the draft of this amendment bill. I know saying just thank you would not suffice your great help in this regard but sir, a genuine blessing from heart is sure to be there for your help on above mentioned matters.

rajesh says : limitation & adverse
author : rajesh Posted about 22 hours ago in suit for bare injuction the trial court errored by decreeing then we approached senior as RA there appelete court reversed trial court ordered in our favour. It was ordered in our favour in high court, karnataka & supreme court of india in our favour. Now they have approaced first time suit for posession as thier name are in extract copy but dont have blue print who constructed the shop. Brief fact of case- The suit is multi storied our posession is in ground floor from 1971. suit is of ground floor and opposites are in first floor. now the query is of adverse or limitation. We have not put counter claim. We only want case to be dismissed. so request is for citations and any good sugesstion or documents. Pls. help

Amit kumar sharma says : Need your Help about Property
Sir, I request your opinion on a matter that my parents has disown to me with wife by given paper advertisement and file a civil suit for permanent injunction against us from entering the suit premises. And also get, interim relief granted immediately after filing the suit. I am a resident in my father`s house by build in 2004 with loan and situated in Kulti, West Bengal. We are ordinary residents so needed your advice as to what preemptive action we can take to prevent any illegal. Keya main apna haq le sakta hu? Amit amit230186@gmail.com

Siddharth Sharma says : Terrace Rights - New Delhi
Sir, I request your opinion on a matter that has cropped very recently. I am a resident in an apartment constructed by a builder in 1986 situated in South Delhi. There are 3 floors - Ground, 1st & 2nd with each floor having 2 flats and also there is 1 basement. The builder sold the flats and kept the basement. I have limited knowledge of the law but if I remember correctly as per the law in 1986 the roof was open and deemed for common use (as you could not construct beyond the 2nd floor) and we were all allotted a servant quarter on the roof with a common toilet for use of all 6 flat owners. Now with changes in the building by laws the builder has claimed ownership of the third floor (terrace) and we have come to know that he has sold the terrace to someone and the supposed new owners are saying they will build a 3rd floor. My question is that as per the laws that were there in 1986, the terrace was to be in a common area so now even with changes how can anyone claim ownership let alone sell it to anyone. All us 6 flat owners are united on this and are against any construction as we feel that even structurally this building is almost 30 years old and cannot support another floor. In my title deed of 1986 (I own 1 flat on the first floor) I have been given access and equal ownership of the common area which would include an equal share of the terrace (3rd floor) besides my servant quarter. The title deed is silent on the ownership of the terrace (third floor) just says that we we have equal ownership of the common area and a proportionate share of the land on which the flats are constructed. We wanted to know what right do we have to prevent any construction on the third floor. We are all ordinary residents so needed your advice as to what preeptive action we can take to prevent any illegal construction on our terrace (third floor) Kind Regards, Siddharth ssharma1979@gmail.com

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