Anonymous
30 September 2024 at 07:44
Met in person and paid Consulting fees as well but it resulted in diverse opinions so please help answer below queries?
1) On earlier occasions we tenant's matter against notorious landlords was dealt with by Bombay High Court resulting in Consent Terms in 2013. Landlords severely and deliberately defaulted and 1) Altered floor plan for my tenament from 1 BHK to 1 RK with toilet in the kitchen and 2) Reduced the carpet area from 330 sqft to 300 sqft which is not acceptable to us.
besides delaying the redevelopment work for by 8 years.
While one advocate opined to file A) Claim in City Civil Court (Not in the High Court) & B) Criminal Case in Magistrate's Court for Cheating, Fraud and murder threats as Police due corruption registered mere NC and not FIR
Other advocate suggested to file 1) Case with RERA and 2) Criminal Case in Magistrate's Court.
Kindly suggest correct way and clear doubts.
TIA.
Akshit Mehta
26 September 2024 at 17:11
Recently one of my customers got his flat registered and the builder mentioned the DD date in registry as the date when he recorded the date in his books and not as per the date of DD mentioned on the draft and is now adamant that he has been doing so for all the registry in the project and is now refusing for correction deed demanding for the legal provision which says that date of DD mentioned in registry should be same as the date of DD. If anyone has any provision copy that can support my claim regarding the mistake made by builder please help me with same. Thanks in advance.
bharat khatwani
26 September 2024 at 09:11
I am seeking your insights and advice regarding an ongoing dispute with my tenant, legal notice sent by him, which I believe contains inflated and
baseless claims.This notice do not have usual para about intent of legal action in case of non compliance. Here’s a brief overview of the situation to provide context:
Background:
I own the property located in Ahmedabad,Gujarat, where he has been
a tenant since 1978.. Recently, he sent a legal notice demanding an amount equivalent to 150 years' rent, largely based on an alleged 24-year-old oral
agreement with my late father concerning repairs and renovations. Notably, he has not raised these issues during the last 24 years.Moreover, the tenant has attempted to escalate the situation by threatening that if I do not carry out significant repairs, I could be held liable for any
accidents that may occur on the property. This threat appears to be an intimidation tactic designed to coerce compliance with his excessive demands.
The notice lacks supporting documentation and fails to mention any legal clause for non-compliance. In good faith, I responded despite the deficiencies
and inconsistencies in his claims.
Key Points of Concern:
Harassment through False Claims: The legal notice includes unsubstantiated demands based on a time-barred agreement that cannot be enforced under the Limitation Act, 1963.
Rent Act Violations: The tenant has claimed unauthorized repairs and has made false assertions about regular rent payments, despite evidence showing multiple defaults over the past four years.
Coercive Tactics: The threats regarding liability for accidents seem designed to intimidate and pressure me into compliance.
Legal Action:
In light of these circumstances, I am in the process of formally terminating the tenancy. I plan to send a termination notice highlighting the breaches
and requesting the tenant to vacate the premises within 60 days. The notice will also address unauthorized constructions and the requirement to settle outstanding bills before vacating.
Questions for the Community:
Based on the described circumstances, do you believe the tenant's claims can be classified as harassment?
What legal remedies should I consider pursuing against these baseless demands and threats?
Would it be advisable to file a counterclaim for harassment or seek a declaratory judgment regarding the tenancy termination?
I appreciate any guidance or insights you can offer regarding my legal rights and options moving forward.
Thank you for your assistance! P.S. I have provided all relevant documents to a local advocate and will be meeting with them next week. Before this meeting, I want to gather diverse perspectives and insights from advocates in the community. Your feedback will help me better
understand my legal options and prepare effectively for my discussion. Thank you for your input!
Anonymous
25 September 2024 at 11:50
PDO has issued a digitally certified e-swathu, even after taking A bribe. After issuing the e-swathu, he is now demanding additional bribe else threatening to cancel the issued e-swathu! Can he do it legally? Or on what grounds can a PDO cancel an issued e-swathu after issuing ??
Srijith
23 September 2024 at 21:20
Could anyone confirm if installing wheel stoppers(chocks)in apartment parking spaces legal in India? If yes/no, is there any legal rules or regulations that is available to confirm the same?
Anonymous
23 September 2024 at 19:35
I intend to buy a flat from a real estate corporate company whose directors have appointed a marketting manager, an employee, of the company to sell it . This manager says he can execute the sale deed in the Register office on behalf of the company by a Board resolution authorizing him to do so . Earlier they have appointed a power of attorney to do this work for the sale of the other flats. At present this POA has gone abroad , and also his name is not reflected in the EC . I heard that only one of the Directors of the Company can be authorized to sign the sale deed or otherwise any third person must become a POA to sign the sale deed . I look forward to the opinion by the honourable experts on this issue of who is the right person to sign the sale deed .
Karuna Pedapudi
22 September 2024 at 13:25
I have a property in Bangalore which was previously owned by a presently US citizen who was an Indian citizen when he was the owner of the property until 2001. There were two issues.
1. In the sale deed which transferred the property to me there was an error of dimensions which were specified as East to West 60 ft instead of the correct East to West 40 and North to South 40 ft instead of the correct North to South 60 ft.
2. The GPA holder who transferred the property to me through a registered sale deed did not register the GPA but only notarized it. But the then sub-registrar allowed the registered sale deed. And now, the buyers say the GPA should have been registered and so need a confirmation deed for the sale and the GPA. We traced the previous owner who is willing to give a Confirmation Deed ratifying the said sale attested by the consul General of India in US. But now, the prospective buyer says Confirmation Deed cannot be made by a party someone outside the country. Is it true that a US citizen (OCI card holder) who was previously an owner cannot give a confirmation deed from outside of India? And what are my solutions? Thank you for your kind response.
Anonymous
21 September 2024 at 23:36
I have bought one floor building. Original sale deed between builder & last owner of the entire land has been lost.He has filed a lost report in police station and given advertisement in english and hindi newspaper.He has given certified copy of sale deed.I have got bank loan with clean search report and CERSAI report.Will there be any chance of unwanted claim by anybody in future? Will I be able to sale it comfortably?
prashant lingayat
21 September 2024 at 20:30
Original builder/developer and the original land owner sold a shop property to purchaser with registered document. After two three years this new owner of the said shop sale this shop to new purchaser. Sale deed is being registered with sub registrar. There are three parties mentioned in the sale deed 1) owner of the shop as seller 2) purchaser 3) builder ( as a confirming party) there is no any intrest mentioned in the document as why he is confirming this sale deed. Purchaser and seller present at the time of registration. Sub Registrar registered this agreement in the absence of third party (confirming party) after some period registrar refuse the registration under section 34 of registration act 1908.
My queries are,
1) can this sale deed is considerd as unregistered sale deed
2) after refusal from registration office is that sale transaction automatically cancelled.
3) can original owner resale the said property to any other person-
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Preparing a will
Hi Team,
Background -
got married in India 14 years back
husband owns a property (Single ownership)
Have a girl child (12 yrs old)
Moved as couple to Australia (Permanent Resident)
Got divorced in Australia - Decree given by Australian court (Amicably settled)
Guy has decided to move on and get married again.
How can the guy secure the property owned in India.
Is there a will to be made and if yes how to proceed