I have made an agreement of sale in 1999 to the buyer for 8 lakh rupees. There is already a case pending on my property with some other party. The buyer was aware of that during the agreement of sale and he paid 2 lakh to me at that time and the agreement says that the third party case should be resolved before the registration can happen. The government sanctioned 20 lakhs to me as a new road was laid through my property and I received that money from the government in 2016. Does the supposed buyer who signed on the agreement of sale have any right on this money. Who is the legal owner of this party now, as there is only an agreement of sale and the actual clauses of the sale are not completed yet and even the registration is also not done?Read More

Posted at 02:55 AM, 18 Jun 19 | No Answers Yet

In 2009, we invested in the Agra township of Ansal Housing for which we were offered possession in 2017 the project was delayed by almost 5 years. In 2012, when we went to deposit the final installment we were told that we also have a penalty of around Rs.50,000 added to our total amount due to non-payment of installments on time. On explaining the medical emergency we faced due to the surgery of my father the dealing assistant agreed to waive the interest and accepted the cheque of the remaining amount with an application stating the whole situation. She informed us that we will be intimidated the rest of the amount on a possession which took forever and we were not updated about the progress of the project. In 2017 we came to know that the cheque we deposited bounced due to the lack of a few thousand rupees. Now they are saying that the above-mentioned employee no longer works for the company and they have no record of any such application. Therefore we have to deposit at least 50% of the penalty which is around Rs. 1,40,000. Is it possible for me to claim waiver of the penalty on account of the delay in the offer of possession in spite of depositing more than 80% of the principal amount?Read More

Posted at 02:46 PM, 17 Jun 19 | No Answers Yet

Our land encroached by few, police helping those people thought we carry valid documents. What can be done?Read More

Posted at 07:48 AM, 17 Jun 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 08:11 PM, 13 Jun 19

With respect to your query, the legal opinion is as under:- (1) Applicability of RERA is on a project and not on an individual house. (2) For a project to be “applicable” under RERA: - Intention to sell/book/advertise and Land area should be more than 500 sq meter or Units should be more than 8 and Completion certificate should not have been received as on 1st May 2017. (3) However, the buyer may file a criminal complaint on account of fraud or cheating or misrepresentation of fact or may also file civil suit for recovery of money.Read More

Posted at 08:11 PM, 13 Jun 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 04:12 AM, 14 Jun 19

With respect to your query, the legal opinion is as under:- (1) Parties are bound by the terms of Contract (2) As per terms/clause of Contract, your owner is bound to return the deposited security/lease amount. (3) There is no problem with your stay in the rented accommodation and ask your owner to return the amount.Read More

Posted at 04:12 AM, 14 Jun 19 | 1 Answer

I want to discuss about Self earned property of my grandfather. He died in 2004 and still now property land was not split. Who are all the persons have rights in claiming the property? Kindly explain.Read More

Posted at 08:20 AM, 29 May 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 10:41 PM, 22 May 19

With respect to your query, the legal opinion is as under:- (1) Parties are always bind by the terms of contract. (2) However, notice for termination of tenancy is required to be served. Please note that Under Transfer of Property Act, as amended in UP, the notice of termination of tenancy is given under section 106 giving thirty days time to tenant to vacate the accommodation. You may please check the amendment for your state. (3) From your query, it reflects that there is an element of cheating or misrepresentation on the part of your landlord, so you can file a criminal complaint or FIR (4) The remedy for money recovery is to go to Civil Court for recovery of the money.Read More

Posted at 10:41 PM, 22 May 19 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 04:25 PM, 02 May 19

With respect to your query, the legal opinion is as under:- (1) If the property is purchased in auction by the bank, the interest of every purchaser in such property are always protected. (2) Once auction purchase is confirmed, the property cannot be taken back by the bank under any circumstance. (3) However, if the DRAT has granted any stay against the sale, it will not be proper to purchase the property because the stay of higher Court renders all the activities of the lower Court void. (4) So you should confirm that there is no stay against sale by the DRAT. (5) Even it is a settled law that if auction taken place in ignorance of the stay, still it shall be void exercise. So it is advisable that it should be confirmed whether any stay is operative against the sale or not. (6) In case there is no stay operative against the sale, your interest are 100% secure if you purchase the property in auction conducted by Bank.Read More

Posted at 04:25 PM, 02 May 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 12:38 PM, 26 Apr 19

With respect to your query, the legal opinion is as under:- (1) Both the parties are bound by the terms of the written contract. So you can insist for enforcement of the terms of the written contract. Neither of the party of contract can deviate from the terms of the contract. (2) In case you feel that written contract terms are not being followed, you can move the Court for enforcement of the contract. You are bound to pay up the installments or rest of the money in the manner and mode as agreed in the agreement. (3) However before going to Court, you should confirm that your contract is properly executed by the opposite party and it has been properly stamped and registered if required so. (4) You can file a criminal case or can lodge an FIR against the person who has cheated you and has committed breach of trust.Read More

Posted at 12:38 PM, 26 Apr 19 | 1 Answer

My father's brother is not giving my father's property. They are asking my father's signature and also sometimes blackmails my parents. They are giving property papers for renewal also. We taught complaining in the police. But my mother says it will spoil the family. What are the correct approach and legal way to discuss this issue?Read More

Posted at 10:30 AM, 21 Apr 19 | No Answers Yet