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Dear Sir, I have a flat registered on my name & my wife,s name in karimnagar.My uncle has made agreement on 100rs stam paper on my behalf in august and took some advance.In that agreement it is written that land as per document xx of xx square yards will be sold as a whole for the agreed price .Later after 15 days I went and he has paid some amount and we have made agreement that with in 90 days as per dimensions if gives money land will be registered on his name. But he has not responded till 80 days .After so many calls ,on 82 nd day he came and said that land is not as per measurement .Then we mutually agreed to measure the land and close the deal in couple of days. Now he is not responding to our calls.Now 90 days is over. In document it is mentioned with in 90 days he has to pay as per measurements.If he fails what is to be done (those details are not there in agreement).Now as the 90 days are over whether I have the right to give his advance back and retain/resell my property.? Pls advice.

A. Since he violated conditions so get issue a legal notice and say his advance is forfeited

Dear Sir , Please be inform to you that we have given our plot to Promoter for building Hotel & Flat on Partnership at Digha,Ramnagar,West Bengal . we have Signing Agreement & issued Power of Attorney to Promoter name . as per agreement they have take 4 Years & additional 2 Years for completed the work & handover us said property . till now 5 Years past ;but only 40% of Work Completed . also they are using low Quality building Material ;same we have inform to promoter so many time . Due to delay work we have loss huge benefit .So please help me how to cancel Power of Attorney or issue legal notice to solve this kind of issue. Can we claim any amount from them due to delay work .

A. Give a legal notice for compliance of the agreement and lodge a complaint with WB Promoter Cell for using sub-standard material. Alternatively you can file a civil case for cancellation of the developer's agreement. For revoking the POA you need to give a legal notice through an advocate and give an advertisement for the same however the content of the POA needs to be reviewed to ascertain the possibility.

i booked flat which has the option that if i want to cancel my booking within 7days i will get my money back . matter is that while booking i ask to buy flat on road facing but sale person without informing me booked some other facing .when i visited site that time i came to know that flat is different i ask to cancel my booking on 6th day . sale person told me he can arrange my chioce flat within 10day if not you can get your money even you get late . i waited for 10 daus their was no feedback so i cancel my booking ask for refund by email company told me wait for 60 days .after 60 days i ask them they are saying you will not get refund bec you are late as per policy . what should i do thr sales person promise me now he is saying he cnt help me. how should i file case guide me

A. Send them a legal notice.

District consumer forum has passed order directing the builder to pay interest@18% in 45 days and handover the completed project in 6 months failing which to return the full amount+ 20 lakhs to me. I want the order to be executed legally. I can afford only a nominal fee to file execution, but ready to give a percentage of the interest I get after I actually receive the money into my account. I want such a lawyer who takes up the case as a challenge,interested to protect justice and legal system.

A. Which consumer forum? I practice at Vaikom (near Ernakulam), Kottayam District.

I have purchased an independent house in the fully built Silver Springs township, Indore. During the purchase process, an approach road/open space in the east in front of the unit was open for the last unit in my right side, till the end of the boundary wall in the south direction. Till I had paid the last due amount and final registry the open space/approach road to the south was open. But after completion of the final registry and possession of the house in my absence a wall and gate was constructed for the corner unit of my right side. Upon knowing it, I have sent an email etc to the builder and registered my dismay. Because of this illegal wall and gate bringing and taking out of my vehicle in my own enclosed parking became very difficult and it is not easy. Suppose if there would have been a wall and gate prior to my purchase I could have other available options and surely could have been avoided such unit. Secondly, the unit owner at my right side is the doctor and he as well as his visitors are parking their vehicles just in front of my house under the guise of parking their vehicles in the front their gate. The situation is very peculiar and it has practically ruined our easement. In this situation, I had approached the advocates for the advice. I am ex-serviceman (ex-sailor) not having any knowledge of any law or courts. The first advocate to whom I had approached filled a suit in the Indore High Court. The Justice was outrightly about to reject the plea. But I was standing in front him with folded hands who glanced at me with questions, then I explained him in Hindi about my situation in brief. He paused for a while and told my advocate to pursue the under Municipal Corp Act with Indore Nagar Nigam and closed the case. Now this first advocate guided me to approach another advocate. The second advocate also charged me for making letter based on High Court Directions. Within one year the second sent three reminders with fees but there was no reply. Now the second advocate again filled a suit in the High Court based on first judgment and non-reply of the Indore Nagar Nigam. That case was heard. The case was held with the Justice for 5 days and after that, the Justice disposed of the case by stating to approach the lower court. The second advocate guided me to approach the third advocate of the District Court. He also charged me handsomely and before filing the case he collected 75% amount. Upon filing the case after 2-3 hearings under the pretext of some medical emergencies of his family he collected the remaining amount. Unfortunately, the advocate even could give me a copy of the case which I was repeatedly asking him. After a few months, his response was so dull and negative that he was avoiding me and even was not giving the dates. I feared about his behaviour/dealings. It may be isolated case about me, but in my case/experience with such advocates was not good hence I lost faith in them. So I was not having an option but to request him to leave my case. I have obtained the NOC and filed it the Court. I have applied for certified copies and received the same. Somehow I have understood the case and since then regularly appearing in the court for my case. Now that have changed a lot, as the Judge ordered to all respondent parties to file the WS, and out of that two respondents (the builder and my neighbour) already have filed the WS, T&CP have been declared as exparte, Nagar Nigam has been warned stringently. I know the case with all minute to minutest level and that too well in detail. But now facing the problems of court procedures. So, now, can I fight this legal battle without the advocate in the court?

A. Dear client you can approach a Civil Court by appointing any of the local expert advocate for filing complaint under RERA.

Hello sir My sister wants to make a gift deed Of a flat she owns in nellore andhra pradesh to my father. I want to know the process and concered charges including everything. Please help me out Thank you

A. Dear client registration charges of gift deed of property within the family is very nominal and differs from state to state. It might vary from 1%-2%. Kindly go through local experienced lawyer

Who keeps the original BBA? If builder, then do buyer gets a photocopy of it? How to get the BBA registered at registrar's office? What to do if builder refuses to get the agreement registered?

A. Dear Client, You have the right . Secondly, try to get a good experienced Real Estate Lawyer from Vidhikarya.com who can transact your work. Shanti Rajan Behera Advocate

Purchased a 3 BHK flat in Emaar Palm Hills, Sector 77, Gurgaon in 2010. The entire project is of 80+ towers and delivery of the project is divided into 3 phases. My flat falls under phase 2 for which the builder is still awaiting for OC. Due to delay in hand over of the house, I along with 18 other people lodged a FIR in 2016 and then later opted for settlement, in which the builder promised to give the possession in March 2018. In Jan 2017, the builder offered the possession of phase 1 towers. In March 2018, after putting lot of pressure on the builder, it agreed to give the handover of my flat for the fitouts only for 90 days. He has got my signature on its letter head, stating that it is giving the handover of my flat only for 90 days for fit outs only and I can’t stay in the house. In case the OC doesn’t come with in the 90 days, I need to return the house keys to the company. He has also asked us to sign the indemnity bond for the same handover, which I didn’t do. Also, the senior officials of the builder verbally assured us that the OC will come in those 90 days. We took the interim possession on March 29th, 2018 and later moved in this house with wife and 2 kids. Now both the daughters are studying in Gurgaon schools and their pick and drop is done by the school buses in the society itself. In August builder has asked us to vacate the house and later disconnected the power supply of my tower. We are the only one from the phase 2, who are staying. We went to the nearest police station and got this sorted out. Later the builder has also sent us the legal notice stating that we can’t stay without OC and we should vacate the house. We didn’t reply to the notice and again went to police station, where the police clearly told them to get the notice from the court if you want them to vacate the house. I stay in 5th floor with wife and 2 small kids. Currently, the builder has stopped the lift services and threatened to stop the electricity and water also. Again, we took this matter to the nearest police station and met the SHO over there. But this time, the builder team has clearly said that they will not start the lift services and also threatened to stop the power and water supply, if we don’t vacate the house. Now, Police has clearly said that it is the civil matter and we can’t do much here, you need to move to the court. Given that, my wife is housewife and I am working in a private firm, I don’t want to get into the court. Is there any way police can ensure that I get the basic services (power, water and lift) from the builder. Please advice.

A. Hi. it is advisable to file a complaint against the builder at RERA ...You can seek interim relief from RERA under section 36 of the Act,...Regards Advocate Hemant kumar,gurgaon

If a property has residential sanction, can it be promoted on real estate portal under commercial categorg ( intention to sale it as office space ). Will it cause any issue or create any problem with regards to rera.

A. Dear Client , you will have no problem up to this level, but if you start to construct a flats for sale and purchase commercially at large you will have to take permissions under act..

We had a self-acquired property in name of my mother. Last week my sisters (two) signed a registered release deed in my favour due to death of my mother. Now my brothers-in-law are asking a copy of this registered release deed - citing reason that they need it for tax purpose. I am suspicious for this, as my brothers-in-law were always against this and were pressurising my sisters not to sign release deed and ask for share / money/gold. Please let me know if have to share a photocopy of this recently signed registered release deed with my brothers-in-law - can this be used against me by any chance? Thanks

A. Since your brother-in-laws are against the transfer, it's better you don't give them the photocopy.