icon Question regarding RERA complaint and Possession

Hello, I have filed the RERA complaint one year back(Jun 2020) but no hearing scheduled yet. Now builder is asking to take possession by paying the last due amount. My question is: If I take possess


A. When you have filed a case for getting a relief of possession and if you accept that possession then you loose the cause of action in the court of law and your case might get dismissed. You have to think about it.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

icon Seller forcing me to buy the road, what should I do?

I purchased a land of 8 cent form a seller who provided me 12 ft road on northside which was written in the document as ""12 ft Road Given By ME ON North Side"" .After that He provided another ""road


A. Dear Sir,
You have to get sale deed and get it registered to legalize it. If you do not get it registered they will be so many issues later on. After getting such sale deed get entry of such sale deed in the encumbrance register maintained by Sub-Registrar office.

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icon Extension of Registration of Real estate project under RERA 2016

Correct me if I'm wrong As per sec 6 of RERA In case of force majeure extension of registration may exceed one year In all other cases(without default on part of promoter) aggregate period of exten


A. Yes you are right as per the Section 6 of The Real Estate (Regulation and Development) Act, 2016. the registration which is granted under Section 5 of the Act can be extended by one year due to the force majeure reasons.

Section 6. Extension of registration.
The registration granted under section 5 may be extended by the Authority on an application made by the promoter, due to force majeure, in such form and on payment of such fee as may be 1 [prescribed]:
Provided that the Authority may in ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Land dispute with government body

Bought a plot and registration DONE , mutation NOT done till date. in gram Panchayat area from a person , who bought it from a person who is the pattadar of 7 acres of agricultural land made plots wit


A. Sabse pahle record thik karaye. Yadi koi help nhi milti hai tab aap us application ki certified copy lekar high court writ me jae. Kyonki aap ka matter revenue se samandhit hai.

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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Land dispute

Bought a plot and registration done in gram Panchayat area.its agriculture land with out NALA now it merged in municipality. The entire survey number of land is added prohibited property list as wakqf


A. Find out the history of land and what was the status when you purchased the land. If it was free land then it can not be either given to or taken by wakf board. If you are able to trace the history then file a writ petition in the High Court against the Municipality making wakf a proforma party and fight the case by hiring a good High court lawyer.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Late payment dues

I booked a flat in Aug 2014 and builder agreement got signed in Oct 2015, now the builder is asking money on late payment to Rs 3,50,000. My question is when is to be the builder project started date


A. Hi,
You have two legal recourses against the builder now. You can file a complaint before the civil judge's court for the recovery of money involved in the deal. Or you may approach the consumer forum and complaint in regard to inordinate delay in handing over possession.
If you find my answer helpful then kindly rate me.

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icon Real estate

I booked two plots on the name of my mother and sister few years back on emi basis. ( Pass book and emi recepits are all on their names) After paying all emis, the real estate company didn't registere


A. Aap disputed land par possession banaye rakhe. Builder ke khilaf sale deed karne ke liye suit file kare.
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Latest Response 2 years ago
Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Open car parking allotment

I am going to purchase a under construction flat and builder told me he would provide open parking. He agreed to mention in sale agreement but not in index 2. Is this alright? . Moreover he would prov


A. Car parking area has to be part of the sale deed and must be included in the schedule without a miss otherwise later on if he refuses then you will not be able to claim it legally. Car parking is part of your property for which you will be paying money and taxes so, get it included in the sale deed and the schedule.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Incomplete work of house eve after paying full amount except maintenance

Paid full amount for the house except maintenance amount but the house is still incomplete in many terms. And the builder is demanding maintenance money or else he won't conplete remaining work of the


A. Hi,
Although it is the duty of the allotted to pay maintenance if you on receiving the OC and possession of your property. However, if you haven't received it you can file a complaint against the builder and move to the consumer forum.

Thanking you. If you like the answer kindly give an appropriate rating

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icon Unable to pay EMI after subvention

I got this property for which I paid 10 lacs in 2018. It was under subvention. Now the EMIs have started after 3 years. The loan is for 90 lacs of which bank has disbursed 50 lacs already. I lost job


A. Hello,
In the given situation if you default on the loan, bank will sell the property in auction after going for recovery. You will have to face harassment. Depending on the agreement to sale, you may be able to recover part of the initial 10 lacs. But it will be debatable. I don't see consumer forum interfering in this matter. It will go under insolvency.
If you find my answer helpful then kindly rate me.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Shreyash  Mohta

Shreyash Mohta