Builder is not transferring the property
Builder is not transferring the property
I have bought an apartment in Gurgaon from a NRI. I have paid all the amount to seller and transfer charges to builder as seller gave all the original documents to builder and bank also disbursed the
1 year ago
A. You may send a legal notice to the seller and the builder for handing over the peaceful possession of the respective apartment but if he fails to deliver the same then you can either lodge a consumer complaint before the learned consumer commission of your jurisdiction or you can even file a civil suit against both the seller and the builder for getting the ownership title and also the peaceful possession of the said apartment. Once you get the decree order from the concerned court then you can ...ReadMore
Subhashis Paul
Can co-owner of an ancestral property challenge the sale of share of property done by fellow member
In a joint ancestral hindu family property in which no partition is done after demise of grandfather, out of his 3 sons who were living in the house one of the 3 brothers sold his share rights with p
1 year ago
A. Hi client,
Yes, absolutely it can be challenged by the other person.
Civil suits can take a lot of time, depending upon the merits of the case.
Thanks and Regards
Simi Paul
Subhashis Paul
DELHI:Top roof rights without having any residential unit in 4 storey building (Parking,upper GF, 1st Floor, 2nd Floor, Third (Top) Floor)
The builder sold me third (top floor)floor keeping the terrace right (with 5% Land rights) with him. Can he construct rooms on the terrace and live there ?, can he use lift (the lift is upto third flo
1 year ago
A. He cannot lock the terrace if it is mentioned as common passage in your registered sale deed. Moreover if he has the terrace right, then he may construct a room and stay there. Furthermore, lift facility is common for all the members living in that whole building so he can use the lift too. But in case of parking, if all the parking spaces are covered, then he may not be able to use the same since every owner should have their own respective covered car parking space. In case of open space car p ...ReadMore
Subhashis Paul
Sale deed
Hello Sir, I have recieved the posession of my flat from builder during Oct 2022, but did not recieved any Sale deed. I have original document of "agreement to sell" which was registered with competen
1 year ago
A. Ask your builder to provide you the drafting of the sale deed and then get it registered from the same competent authority on the basis of the registered sale agreement you are already possessing.
Subhashis Paul
To stop the banks from loan recovery against a non willful defaulter
Sir , I bought a property wherein the sale agreement had the clause of buy back and payment of Pre Emi from builder till possession . We have filed Rera against the builder as they have stopped Pre Em
1 year ago
A. Dear Client!
After getting RERA Order you need to go for its execution. File the execution application for executing it.
Also approach the civil court and make the builder and bank party to it and get the interim relief order from the court against the bank and builder.
Sale of Muslim Ancestral Property
I purchased agricultural land from a person that was his ancestral property. Now his son has filed a petition against his father (I am also respondent) claiming that he can't sell their ancestral land
1 year ago
A. Hi client,
Hoping that the property that you have purchased has the consent from all the legal heirs.
If some legal heirs have not taken their share then in that case NOC from each has to be obtained.
It is thus suggested that you speak to the advocate who has done the registration process.
For civil suits it can take years for the final decree to come.
Thanks and Regards
Simi Paul
Subhashis Paul
Gift Deed - claiming revocation
1. Is Gift Deed Paper required for claiming revocation? 2. How to prove Fraud occurs in Gift Deed? 3. Can Willed Gifted property be revoked?
1 year ago
A. Hi client,
Once a donee accepts a gift deed in their favour from the donor, revocation of such gift deed is tough. Still in many cases were the gift deed was made or created by fraud or any other representation , it can be revoked. Please consult an advocate for the queries.
Thanks and Regards
Simi Paul
Registry of wills is optional in India. Unregistered will is considered as valid ones.
Registry of wills is optional in India. Unregistered will is considered as valid ones. However, in case of an unregistered will we can still exercise the option of registering it at a later date even
1 year ago
A. Hi client,
Yes it can be registered even after the death of the testator. You just need to provide the relevant documents.
Thanks and Regards
Simi Paul
Property issue - Can I legally stay in a leased property
Can I legally stay in a leased property after the owner sold and the new owner forcing me to vacate?
1 year ago
A. Hello Client,
You must file a suit against the previous owner, from whom you have taken the property on lease as he can not sell the property without taking your consent.
Thanks & Regards
parking allotment - purchase the parking
Builder is currently asking for to purchase the parking at ground floor at 80K already paid 1.5L during agreement for open parking is it good to buy parking at ground floor (ground floor + 12 floor) b
1 year ago
A. Dear Sir,
It is wise to purchase parking place because Supreme Court says that without parking space registration of apartment is invalid. Get registered sale deed in respect of such parking space apart from allotment letter from the builder.
Subhashis Paul
