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We are senior citizens, my husband is retired from private company. We have paid around 35 L to one Mr Ramesh from 2011, in installments, but he neither registered nor refunded the amount due to us after repeated and persistent requests. We need advice as to to further action to be taken. We are in great anguish and emotional stress.
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A. dear madam in such cases you must approach different authorities , court and civil court. you may also approach senior citizen broad under senior citizen Act 2007. ================================================================================= http://socialjustice.nic.in/UserView/PrintUserView?mid=52569 The Maintenance and Welfare of Parents and Senior Citizens Act 2007
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
SUBRATHA  RAY
SUBRATHA RAY Experience: 4 Year(s) Delhi
Ritesh Kumar Mishra
Ritesh Kumar Mishra Experience: 6 Year(s) South West Delhi
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Dear Sir , Please let me know Is Stamp duty is waived Off if Flat is resold within a year of Purchase ?
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A. Depends on the local laws
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Sayaree  Ganguly
Sayaree Ganguly Exp: 2 Year(s) Hooghly
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Vinay Deshpande

Posted 1 week ago

I purchased 2BHK flat in PCMC (Pimpri Chinchwad Municipal Corporation) area in DEC 2014.It is clearly mentioned in the sales agreement that 'you will be allotted with a covered car parking'. I have been paying the corporation tax for that parking also (which is included in my property tax bill). Now please tell me whether I am the sole owner of this parking of society? Building completion is partly done.Society is not yet formed.Cobstruction of the remaining buildings is underway
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A. You are the sole owner if it is expressly mentioned in your sale deed.
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
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Anonymous

Posted 1 week ago

I want to purchase a Freehold Property in Newtown, Rajarhat, Kolkata. Please guide what are the documents that i need to check / ask from the owner before proceeding for the transaction?
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A. Dear Sir, Please consult local lawyer who is acquainted with local laws.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
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Abhishek Rastogi

Posted 2 weeks ago

I have bought a flat in group housing in ghaziabad Now builder doesn't have completion certificate but builder is making pressure on us to fully pay the balance amount of 10%.. Builder is telling us to give the possession only after receiving the balance of 10%
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A. Dear Sir, You get issue a legal notice and threaten to approach Consumer Forum for necessary reliefs.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
This is regarding the new 2BHK apartment that I booked in Pune 2 years before. It was an under-construction property and now it is getting almost ready. My query is about 2 years before builder has committed me that he will provide Kitchen Trollies in the Kitchen and PoP in the Leaving Room because this was not mentioned in the Agreement by them. Now, they are saying that we will NOT provide trollies and PoP because it is not mentioned in the Agreement.
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A. Dear Sir, Now, Evidence Act provisions are amended as such evidence is also advisable by the Courts.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
 Manoj  Kumar Singh
Manoj Kumar Singh Experience: 17 Year(s) New Delhi
We have a flat in a 5 storey building which didnt had a lift. We've spoken to builder and he has no objection what so ever to get an external lift built but a few residents, specially ground floor have objection to it. Firstly they didnt wanted to contribute as they said, they'll not be using it. But now when others have all agreed and ready to pay extra also, still those ground floor residents are not agreeing. We infact were about to start the work but they stood there obstructing it. Is there any legal way to counter it? We have written consent from all others.
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A. You can either talk to them and try solving this problem amicably Or else You can opt to file a suit and restrain them from interfering in this work. Given the circumstance you shall be allowed to build the lift as you have the builders NOC and also written consent of all other flat members except the ground floor people. however, litigation shall take time and the effective purpose of having a lift for value addition will slow down if you opt for litigation. Keep this in mind before entering into litigation as it will definitely take time to settle. Thanks
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Shreyash  Mohta
Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Nagesh Tummalapalli

Posted 3 weeks ago

Ours is a G+2 group house (each floor 2 flats). We stay in 1st floor immediately after the stairs. Owner of the next house of our floor claims that corridor from where his flat wall starts belong to him & says I cannot keep anything and he can keep everything. I argue that common area belongs to none and both can use the entire area irrespective of the part of their house. 60% of our house occupied by stairs. I left with only 1 ft. next to my entrance. Pl. advise how I can proceed on this issue. What our legal system say on this. How long it take if I file case / can I serve lawyer notice to them. Is it advisable to go legally?
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A. Dear Sir, Your contention is correct and you can get issue a legal notice and proceed with litigation it may take 12-18 months to get the result.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Anonymous

Posted 4 weeks ago

This is to report that Scams are still going on in Kolkata even after so much investigation from state govt and Central Govt intervention. We are a group of investors who had invested in this Project in the year 2016 and the developer instead of completing one project has taken up several projects one after the other. This particular builder called USASHI REALSTATES PRIVATE LIMITED has accepted application money from 2000 to 3000 applicants from the year 2016. Now the applicants have realised that the land does not belong to them and it is a scam . When applied for refund , they are not paying the applicants back.As usual this is a failure in the real estate sector due to non adherence to RERA rules in West Bengal. Moreover , this developer is continuously advertising and still playing with the lives and hard earned money of the people here in West Bengal. Each applicant has paid 2 lakhs to 7 lakhs on an average. This group of people are directly threatening us and asking us to go to the court. Their cheques are getting bounced and there is no sign of any refund . They have used several celebrities like Prosenjit Chatterjee, Shaheb Chatterjee , Indrani Halder , Koel Mullick and even Sourav Ganguly for advertisements. This looks like a huge scam which even the authorities are hesitant to take up. Thousands of common people are affected but the local media, police and authorities are turning a deaf ear to this . Thanks to Sadhna news who came forward to help. There is failure of law and order even in the real estate sector in West Bengal due to non - compliance of RERA.
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A. Dear Sir. Get file a PIL before High Court or approach Electronic Media.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Abhimanyu  Shandilya
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Gyan  Prakash
Gyan Prakash Experience: 11 Year(s) Noida
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
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Anonymous

Posted 1 month ago

I bought an under construction apartment and the construction has been going on for a long time. I have not got the possession yet. Recently, an insolvency resolution process has been initiated between ICICI and the builder. Because of this IRP, my association has adviced us to fill 'Form CA- For claims by financial creditors in a class' and submit it to the Interim Resolution Professional. I need your opinion about submitting this form-ca. Can you please provide your suggestions on the following queries? 1. As my property is already registered, is it safe to submit the form-ca? 2. What are the chances of getting the claim in such cases? 3. If I submit the form-ca to interim resolution professional, and if the judgment is not in favor of our association, as per individual expectations, will my apartment registration become void? and do I have to compulsorily accept the compensation that is given to me, if any? or do I have the option to hold on my registration and the ownership of the apartment? Please provide your valuable suggestions. If I participate in this process, will my flat registration becomes void? Also, there was an initial hearing yesterday in which the tribunal has postponed the next hearing to July 12th as it is hopeful that both parties (ICICI and builder) are hopeful of settling the issue mutually.
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A. Dear Sir, It is better to fill Form CA
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore

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